McDowell v. Goldsmith
Court of Appeals of Maryland
Crqss-Akpeals from the Court of Chancery. The bill in this case was filed in the equity side of Baltimore county court, on the 25th of August 1845, by McDowell and' others, creditors of Elizabeth Osborne, to vacate three conveyances made by her to Goldsmith.
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Crqss-Akpeals from the Court of Chancery. The bill in this case was filed in the equity side of Baltimore county court, on the 25th of August 1845, by McDowell and' others, creditors of Elizabeth Osborne, to vacate three conveyances made by her to Goldsmith. The first, dated the 14th of July 1841, conveying a lot of ground for $2000. The second, dated the 5th of November 1842, being a mortgage of real and personal estate, subject to the acts of 1833, ch.. 181, and 1836, ch. 249, to secure an indebtedness of $21,500;. payable in five years. The third, dated the 16th of February-1844, conveying…
1Opinion of the CourtTuck, J.
It is conceded that there is no question before us as to the deed of the 14th of July 1841.
Of all the creditors who offered proof of their claims, none was such prior to the 5th of November 1842, the date of the mortgage, except Walter Crook, Jr.; and if the plea of limitations can avail the defendant, none of them have a standing in court except Sarah Ann Truitt, whose claim can be enforced, if at all, only against the equity of redemption conveyed by the deed of the 16th of February 1844. The first question then to be disposed of relates to the plea of limitations, relied on by Goldsmith.
The…
2Cases cited16 opinions
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- Pinkerton v. BaileyNew York Supreme Court · 1832
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- Powles v. DilleyCourt of Appeals of Maryland · 1850
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