Legal Opinion

Carey v. Dennis

Court of Appeals of Maryland

Decided January 27, 1859PublishedCited by 26 opinions

Appeal from the Equity Side of the Circuit Court for Worcester county. This was a creditors’ bill filed on the 17th of November 1854, by the appellants, two of the sons and heirs at law of Levin Carey, deceased, against the appellees, his administrator and other children and heirs at law, for the sale of the deceased’s real estate, to pay his debts. . The bill alleges that Levin Carey was, in his lifetime, indebted to the complainant Elijah in the sum of $12,000, and to the…

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Appeal from the Equity Side of the Circuit Court for Worcester county. This was a creditors’ bill filed on the 17th of November 1854, by the appellants, two of the sons and heirs at law of Levin Carey, deceased, against the appellees, his administrator and other children and heirs at law, for the sale of the deceased’s real estate, to pay his debts. . The bill alleges that Levin Carey was, in his lifetime, indebted to the complainant Elijah in the sum of $12,000, and to the complainant Thomas in the sum of $10,000, on his certain bills obligatory, dated the 9th of December 1853, which are…

1Opinion of the CourtBartol, J.

This cause has been argued with very great ability and care, and several interesting questions iiave been presented for the consideration of this court; but in the view which we have taken of the case, after a most careful examination of the authorities cited, and a mature consideration of the main question involved, we are of opinion that the ruling of the Circuit Court is correct, and that the decree ought to be affirmed.

The proceeding was instituted under the act of 1785, ch. 72, sec. 5, which authorizes a Court of Chancery to decree the real estate of a deceased party to be sold for the…

2Cases cited4 opinions

  1. Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
  2. Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
  3. Waring v. EdmondsCourt of Appeals of Maryland · 1857
  4. Hannon v. State ex rel. RobeyCourt of Appeals of Maryland · 1851

3Cited by26 opinions

  1. Otis v. ParkerSupreme Court of the United States · 1903
  2. Brown v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1898
  3. Cover v. StemCourt of Appeals of Maryland · 1887
  4. Junkins v. SullivanCourt of Appeals of Maryland · 1909
  5. Murray v. CannonCourt of Appeals of Maryland · 1875

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