Hays v. Miles
Court of Appeals of Maryland
Appeal from Chancery. On the 19th November, 1831, Joseph G. Hays filed his petition in the court of Chancery, alleging that John Thomas Miles and Catharine Miles, infants, by their next friend, have filed their bill in this court against Eleanor Benson, Thomas Benson, James Bealle of James, administrator of John Benson, late of Montgomery county, deceased, and others, for the purpose of obtaining a decree for the sale of the real estate of which the said John Benson died…
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Appeal from Chancery. On the 19th November, 1831, Joseph G. Hays filed his petition in the court of Chancery, alleging that John Thomas Miles and Catharine Miles, infants, by their next friend, have filed their bill in this court against Eleanor Benson, Thomas Benson, James Bealle of James, administrator of John Benson, late of Montgomery county, deceased, and others, for the purpose of obtaining a decree for the sale of the real estate of which the said John Benson died seized, and lying in Maryland; that the proceeds may be distributed among his heirs at law, or their legal representatives,…
1Opinion of the CourtArcher, Judge
The petitioner alleging himself to be a creditor of Elizabeth Jarboe, one of the heirs at law of John Benson, whose estate was sought to be sold by the complainants, appears to us to have presented a prima facie case, for the interposition of a court of equity, and to have presented it in a competent form.
Upon the establishment of his claim, we could see no possible objection to the chancellor’s assuming jurisdiction, unless he ought to have sought relief by an original bill instead of a petition. The appellant has prayed a subpoena against John Jarboe, who was not a party to the proceedings…
2Cited by1 opinion
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