Tiernan v. Rescaniere's Adm'rs.
Court of Appeals of Maryland
Appeal from Chancery. The bill in this cause was filed on the 21st September, 1827, by Peter Rescaniere, against the appellants, alleging that on or about the 15th January, 1813, John Hanna, John Craig, Dutton Williams and Charles Malloy, became the purchasers of the brig Swallow; that in the year 1814, by the order of the United States authorities, she was sunk at the entrance of the harbour of Baltimore, for the' defence of that port; that while sunken, on the 25th…
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Appeal from Chancery. The bill in this cause was filed on the 21st September, 1827, by Peter Rescaniere, against the appellants, alleging that on or about the 15th January, 1813, John Hanna, John Craig, Dutton Williams and Charles Malloy, became the purchasers of the brig Swallow; that in the year 1814, by the order of the United States authorities, she was sunk at the entrance of the harbour of Baltimore, for the' defence of that port; that while sunken, on the 25th February, 1815, she was sold by her then owners, together with the benefit of all claim of her said owners against the United…
1Opinion of the CourtArcher, Judge
According to the allegations contained in the bill of complaint, filed in this case, the complainant is seeking to recover of the respondents, a sum of money paid to them by the United States, which did not belong to them, and which in equity and good conscience they could not hold against the complainant.
So far as regards' the recovery of the money received by the respondents, the complainant might have had redress by an action in a court of common law, in which tribunal it would have been barred by the statute of limitations, more than three years having elapsed between the receipt of the…
2Cited by3 opinions
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- Maryland Tube & Iron Works v. West End Improvement Co.Court of Appeals of Maryland · 1898
- Merchants Mutual Ins. v. ButlerCourt of Appeals of Maryland · 1863