Greenwood v. Greenwood
Court of Appeals of Maryland
Appeal from the Equity Side of the Circuit court of Carroll county. Joseph Greenwood died in April 1828, leaving a will by which he devised and bequeathed as follows : “I give and devise, in fee-simple, to my three sons and their heirs and assigns, all my lands, they paying what, I shall hereinafter mention and bequeath.” Then follows a specific division of his lands, among his three sons, John, Ludwick and Philip, and after-wards this bequest: — “Item.
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Appeal from the Equity Side of the Circuit court of Carroll county. Joseph Greenwood died in April 1828, leaving a will by which he devised and bequeathed as follows : “I give and devise, in fee-simple, to my three sons and their heirs and assigns, all my lands, they paying what, I shall hereinafter mention and bequeath.” Then follows a specific division of his lands, among his three sons, John, Ludwick and Philip, and after-wards this bequest: — “Item. I give and bequeath unto my daughter,Elizabeth, one bedstead and bedding, and also three hundred pounds current money, to be paid by my three…
1Opinion of the CourtEccleston, J.
Upon the plea of limitations the court below dismissed the bill, and in doing so, we think an error was committed.
The principles settled in Crawford vs. Severson, 5 Gill, 443, so fully show that the plea of limitations cannot avail, in such a case as this, that we deem it unnecessary to do move than refer to that decision as full authority for our reversing the present decree and remanding the cause for further proceedings.
Decree reversed and cause remanded for further proceedings.
2Cases cited1 opinion
- Crawford v. SeversonCourt of Appeals of Maryland · 1847
3Cited by2 opinions
- Mayor of Baltimore v. Smith & Schwartz Brick Co.Court of Appeals of Maryland · 1895
- Owens v. ClaytorCourt of Appeals of Maryland · 1881