Iglehart v. State ex rel. Mackubin
Court of Appeals of Maryland
Error to Anne Arundel County Court. This was an action of debt instituted on the 4th day of September, 1823, in the name of the State use of George Mackubin, on the testamentary bond of William Warfield, executor of Thomas Warfield, bearing date on the 5th of April, 1819, against the appellant, James Iglehart, Junior, one of the securities in said bond.
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Error to Anne Arundel County Court. This was an action of debt instituted on the 4th day of September, 1823, in the name of the State use of George Mackubin, on the testamentary bond of William Warfield, executor of Thomas Warfield, bearing date on the 5th of April, 1819, against the appellant, James Iglehart, Junior, one of the securities in said bond. To the plea of general performance by the defendant, the plaintiif filed the following replication: for plea nevertheless by way of replication, the said State saith, that at a County Court of Anne Arundel County, begun, &c. on the 3d Monday…
1Opinion of the CourtEahle, J.
' The controversy between these parties, arises from an action by the appellee against the appellant, as a surety in the testamentary bond of William, Warfield, executor of Thomas Warfield, to recover the amount of a judgment obtained against the executor. The judgment was appealed from, and pending the appeal the executor died, not leaving sufficient estate to pay his debts. All this matter is set forth at large in the replication, as well as an administration de bonis non, on the unadministered estate of Thomas Warfield, which amounted- to a very trifling sum, wholly inadequate to the…
2Cases cited1 opinion
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
3Cited by12 opinions
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