Gotwalt v. Neal
Court of Appeals of Maryland
-Appeal from tbe Superior Court of Baltimore city, in Equity: The bill in this case was filed by tbe appellants in the Court below to have set aside two deeds alleged to have been executed by tbe appellant, Jacob, without consideration, and under duress of tbe appellee, and J.o have an account taken of certain personal property taken possession of by tbe appellee under the same instrument, and sold by him.
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-Appeal from tbe Superior Court of Baltimore city, in Equity: The bill in this case was filed by tbe appellants in the Court below to have set aside two deeds alleged to have been executed by tbe appellant, Jacob, without consideration, and under duress of tbe appellee, and J.o have an account taken of certain personal property taken possession of by tbe appellee under the same instrument, and sold by him. The bill states that the appellant, Jacob, who was a clerk and salesman in the dry-goods store of the appellee, was, about the 3rd or 4th of December, 1860, arrested at the instance of the…
1Opinion of the CourtBartol, J.
We concur with the judge of the Superior Court in the opinion that the allegation of duress, in procuring the deed and warrant of attorney in this case, is not supported by the proof.
Whatever may be said of the transactions at the office of Mr. Matthews, which took place on the 4th of December, 1860, when the first deed was executed, there is no evidence of any duress being used on the following day to induce the complainant to execute the deed of that date.
So far as appears from the evidence, the execution of that deed was a voluntary act on the part of Gotwalt, unconstrained by any duress,…
2Cases cited3 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Wildey v. CollierCourt of Appeals of Maryland · 1854
- Tex. & Pac. R'y Co. v. HaysCourt of Appeals of Texas · 1884
3Cited by7 opinions
- Maskell v. HillCourt of Appeals of Maryland · 1947
- Baxter v. WilburnCourt of Appeals of Maryland · 1937
- Merchants Bank v. PageCourt of Appeals of Maryland · 1925
- Shirks Motor Express Corp. v. Forster Transfer & Rigging Co.Court of Appeals of Maryland · 1957
- Montagna v. MarstonCourt of Special Appeals of Maryland · 1975
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