Boteler v. Brookes
Court of Appeals of Maryland
Appeal from Chancery. The appellee, together with one Philemon Chew, for himself, and on behalf of the creditors of Henry M. Chew, and Company, filed their petition on the equity side of Prince George’s County court, on the 4th of July 1834, against the appellants, as the sureties of one Dorsey, who had been appointed by a decree of that court, a trustee for the sale of certain premises, mortgaged by a certain Walter B. Brooke to Lucy S. Brooke.
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Appeal from Chancery. The appellee, together with one Philemon Chew, for himself, and on behalf of the creditors of Henry M. Chew, and Company, filed their petition on the equity side of Prince George’s County court, on the 4th of July 1834, against the appellants, as the sureties of one Dorsey, who had been appointed by a decree of that court, a trustee for the sale of certain premises, mortgaged by a certain Walter B. Brooke to Lucy S. Brooke. The petition alleged, that upon a bill filed by the mortgagee on the equity side of the County court, a decree passed for the sale of the mortgaged…
1Opinion of the CourtArcher, Judge
This is an application, by petition, to the Chancellor, to compel the sureties of a trustee, to bring into court, the proceeds of a sale of mortgaged premises, sold in pursuance of a decree of a court of Equity.
The ordinary power of a court of Chancery, to coerce obedience to its orders, at the hands of its trustee, and officer, is not the subject presented for consideration. But the question is, whether in the case before the court, it possesses any power to order the sureties of a trustee to bring into court, the monies received by their principal in the due execution of his trust.
This…
2Cited by7 opinions
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- Simard v. WhiteCourt of Appeals of Maryland · 2004
- Wynn v. StateCourt of Appeals of Maryland · 2005
- Thomas v. FewsterCourt of Appeals of Maryland · 1902
- Edes v. GareyCourt of Appeals of Maryland · 1877
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