Fitzhugh v. McPherson
Court of Appeals of Maryland
Appeal from the court of Chancery. The bill in this cause was filed on the 6th day of April, 1833, by Samuel Maynard, administrator de b. n. of Lewis Neth, alleging that on or about the 10th October, 1791, George Fitzhugh, the elder, of Baltimore county, (since déceased,) conveyed unto Walter Dulany, (since also deceased,) certain real and personal property in trust and by way of mortgage, amongst other things to secure unto one Daniel Dulany, since deceased, the payment of…
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Appeal from the court of Chancery. The bill in this cause was filed on the 6th day of April, 1833, by Samuel Maynard, administrator de b. n. of Lewis Neth, alleging that on or about the 10th October, 1791, George Fitzhugh, the elder, of Baltimore county, (since déceased,) conveyed unto Walter Dulany, (since also deceased,) certain real and personal property in trust and by way of mortgage, amongst other things to secure unto one Daniel Dulany, since deceased, the payment of the sum of ¿£230, then due and owing from the said George to the said Daniel; that afterwards Walter Dulany, conveyed…
1Opinion of the CourtDorsey, Judge
The appellants’ first ground assigned for the reversal of the chancellor’s decree is, that there is no evidence in the cause to sustain it, because, as is alleged, the commissioners did not take the oath annexed to the commission, and their proceedings under the commission are therefore null and void. Had this objection been taken by an exception filed at the proper time in the chancery court, it would necessarily have been considered and determined by the chancellor, and his determination would have been a fit subject for review in this court. But the question as now presented by the record…
2Cited by8 opinions
- Hooper v. HooperCourt of Appeals of Maryland · 1895
- Ridgely v. BondCourt of Appeals of Maryland · 1862
- Carrington v. Thomas C. Basshor Co.Court of Appeals of Maryland · 1913
- Johnson v. RobertsonCourt of Appeals of Maryland · 1869
- Bridendolph v. ZellerCourt of Appeals of Maryland · 1853
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