Balch v. Zentmeyer
Court of Appeals of Maryland
Appeal from the equity side of Frederick County Court. On the 2nd January 1833, John Gantz and wife, and George Dlevedence filed their bill for a decree to divide a portion of the ¿real estate, of which Daniel Gaver died seized, among his de~ visees, the same being incapable of division. With the bilí were filed the will, (an extract of which will be found in the opinion of this court) under which the parties claimed, and sundry conveyances from the devisees.
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Appeal from the equity side of Frederick County Court. On the 2nd January 1833, John Gantz and wife, and George Dlevedence filed their bill for a decree to divide a portion of the ¿real estate, of which Daniel Gaver died seized, among his de~ visees, the same being incapable of division. With the bilí were filed the will, (an extract of which will be found in the opinion of this court) under which the parties claimed, and sundry conveyances from the devisees. Answers being filed, and the parties consenting, on the 31st January 1833, the county court (Shriver, A. J.,) decreed a sale of a tract…
1Opinion of the CourtArcher, J.
Various objections have been taken to the order of the court below, in favour of the appellee, some of which have reference to his right, in any form of proceedings to the fund; and some having reference to the form which he has chosen to adopt.
We propose, first, to inquire into the right of Zentmeyer to the fund in controversy.
A bill was filed by one of the devisees of Daniel Gaver, to obtain a sale of a portion of his real estate. The court of Frederick county decreed the sale, and the proceeds of sale, as reported by the trustee, remained in his hands, subject to the order of the court.…
2Cited by4 opinions
- Belt v. BlackburnCourt of Appeals of Maryland · 1868
- Brown v. ThomasCourt of Appeals of Maryland · 1877
- Busey ex rel. Hilleary v. TuckCourt of Appeals of Maryland · 1877
- Chenowith v. SmithCourt of Appeals of Maryland · 1868