Chaney v. Tipton
Court of Appeals of Maryland
Appeal from the Equity side of Allegany county court. This cause was before the court in 1840, and is reported in 11 G. if J., 253, and then remanded for further proceedings.
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Appeal from the Equity side of Allegany county court. This cause was before the court in 1840, and is reported in 11 G. if J., 253, and then remanded for further proceedings. In an amended bill, the appellants alleged, that Susannah Chaney is one of the heirs at law of Thomas Stallings, deceased and intestate, leaving at the time of his death the following children and heirs at law, besides the said Susannah, viz: Mary, wife of William Tipton, Lloyd Stallings, Elizabeth, wife of Samuel North, all of full age; that at the time of his death, the said Thomas was seized of a large real estate,…
1Opinion of the CourtChambers, J.
The material questions in this case are concluded by the opinion of this court, on the former appeal, and reported in 11 G. & J., 255. We adhere to the opinion there expressed.
*334In pursuance to the mandate of this court, the bill and proceedings have been amended in the court below; and we think that court erred, in not proceeding with the case, in obedience to the acts of Assembly regulating descents, by directing and allowing the election to be made by the parties entitled, according to the provisions of those acts.
The contract of sale, alleged to have been made by Chaney, ought not to defeat…
2Cited by5 opinions
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- Steffey v. Steffey ex rel. SteffeyCourt of Appeals of Maryland · 1862
- Gelston v. FrazierCourt of Appeals of Maryland · 1867
- Billingslea v. BaldwinCourt of Appeals of Maryland · 1865