Legal Opinion

Denton v. Griffith

Court of Appeals of Maryland

Decided October 3, 1861PublishedCited by 14 opinions

Appeal from the Equity side of the Circuit Court for Calvert county. It is only necessary to state, in this case, that it appears from the record that the appellee recovered a judgment against the appellant, James Denton, and one Joseph Den-ton, in May 1847, for $825.73, with interest and costs, and that on the 8th of April 1848, the said James Denton executed a bill of sale conveying, absolutely and with warranty of title, to James D. Denton five named negro slaves, “in…

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Appeal from the Equity side of the Circuit Court for Calvert county. It is only necessary to state, in this case, that it appears from the record that the appellee recovered a judgment against the appellant, James Denton, and one Joseph Den-ton, in May 1847, for $825.73, with interest and costs, and that on the 8th of April 1848, the said James Denton executed a bill of sale conveying, absolutely and with warranty of title, to James D. Denton five named negro slaves, “in consideration of the sum of $1500, current money, to” the grantor “in hand paid by the grantee, at and before the sealing…

1Opinion of the CourtTuck, J.

This bill seeks to subject to the payment of the complainant’s claim certain property mentioned in the instrument of the 8th of April 1848. Two grounds of equity are alleged in pleading, and relied on in argument: 1st, that the instrument is void under the Act of 1846, ch. 271; and 2nd, that if it be valid, notwithstanding this objection, it should be treated as a mortgage, or security for the payment of a previous debt due by James Denton to his father. It is prayed that the property may be sold for the payment of the grantor’s debts, after an account of the alleged mortgage debt. *304and…

2Cases cited1 opinion

  1. Cockey v. Milne's lesseeCourt of Appeals of Maryland · 1860

3Cited by14 opinions

  1. Kline v. Inland Rubber Corp.Court of Appeals of Maryland · 1949
  2. Pagenhardt v. WalshCourt of Appeals of Maryland · 1968
  3. Ressmeyer v. NorwoodCourt of Appeals of Maryland · 1912
  4. Groh v. CohenCourt of Appeals of Maryland · 1930
  5. Sixth Ward Building Ass'n, No. 5 v. WillsonCourt of Appeals of Maryland · 1875

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