Legal Opinion

Raborg's Adm'x. v. Hammond's Adm'r.

Court of Appeals of Maryland

Decided June 15, 1827PublishedCited by 24 opinions

Appeal from Baltimore County Court. This was an action of replevin, brought on the 1-ith of September 1816, by the appellee, (the plaintiff in the court below,) against the appellant, (the defendant in that court,) for a slave named Nathaniel. The declaration stated the property of the slave in question to be in the plaintiff as administrator. The defendant pleaded property in herself as administratrix.

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Appeal from Baltimore County Court. This was an action of replevin, brought on the 1-ith of September 1816, by the appellee, (the plaintiff in the court below,) against the appellant, (the defendant in that court,) for a slave named Nathaniel. The declaration stated the property of the slave in question to be in the plaintiff as administrator. The defendant pleaded property in herself as administratrix. To this plea, there was a general replication, and issue was joined. 1. The plaintiff at the trial offered to read in evidence the following paper, purporting to be a copy of the will of a…

1Opinion of the CourtDorsey, J.

The opinion of the county court, on the first bill of exceptions, being concurred in by consent, wo approach the consideration of the question arising on the second bill of exceptions, not without a just sense of its intrinsic difficulty, and the important consequences which may result from its determination, let that determination be what it may.

It cannot be denied, that if Andrew Hammond resided and died, as is alleged, in Anne-Arundel county, that the orphans' court of Baltimore county had no authority to grant on liis estate letters of administration to the appellant.

But the question is,…

2Cited by24 opinions

  1. Munnikhuysen v. MagrawCourt of Appeals of Maryland · 1881
  2. Dalrymple v. GambleCourt of Appeals of Maryland · 1887
  3. Schaub v. GriffinCourt of Appeals of Maryland · 1897
  4. In re the Estate of StrattonCourt of Appeals of Maryland · 1877
  5. Powles v. DilleyCourt of Appeals of Maryland · 1850

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