Thruston v. Devecmon
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County, sitting in Equity. This appeal was taken from the decision of the Circuit Court, sitting as a Court of Equity, on two petitions; the first filed by the appellee on September 1st, 1866, in a cause then depending in said Court, (wherein George E. Gephart and others were complainants, and John C. Stoven and others defendants,) against George A. Pearre, Charles B. Thruston and James M. Schley, (co-trustees with the appellant,)…
Read the full summary
Appeal from the Circuit Court for Allegany County, sitting in Equity. This appeal was taken from the decision of the Circuit Court, sitting as a Court of Equity, on two petitions; the first filed by the appellee on September 1st, 1866, in a cause then depending in said Court, (wherein George E. Gephart and others were complainants, and John C. Stoven and others defendants,) against George A. Pearre, Charles B. Thruston and James M. Schley, (co-trustees with the appellant,) and the appellant, stating that said trustees had sold the property decreed to be sold in the cause, and reported the…
1Opinion of the CourtAlvey, J.
By the order of the 7th of July, 1866, ratifying the auditor’s first report and accounts, “no cause to the contrary having been shown,” the trustees were, by explicit terms, ordered to pay out the money in their hands, according to the audit ratified. This order the trustees could not rightfully disobey. They were the officers of the Court, exercising simply the powers conferred upon them by the previous decree of sale, which required them to bring the money into Court to be disposed of under its direction, and any order directing the application of the fund arising from the sale should have…
2Cases cited1 opinion
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
3Cited by24 opinions
- Fraidin v. StateCourt of Special Appeals of Maryland · 1991
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
- Straus v. RostCourt of Appeals of Maryland · 1887
- Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
- Bailey v. BaileyCourt of Appeals of Maryland · 1943
19 more not listed; retrieve them via the Exa API.