Watson v. Godwin
High Court of Chancery of Maryland
[The original bill in this case was filed by George Watson and wife, on the 20th of June, 1849, for a sale of certain lands devised to the wife of the complainant George, and her sister Ann, the wife of the defendant Godwin, as tenants in common in equal shares. The answer of Godwin and wife denies that the sale would be advantageous to those entitled, and objects thereto.
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[The original bill in this case was filed by George Watson and wife, on the 20th of June, 1849, for a sale of certain lands devised to the wife of the complainant George, and her sister Ann, the wife of the defendant Godwin, as tenants in common in equal shares. The answer of Godwin and wife denies that the sale would be advantageous to those entitled, and objects thereto. After the commission was issued to take testimony, the wife of the complainant George, died, and he thereupon in his own right, and as the next friend of his infant children, filed a bill of revivor and supplement, in which…
1Opinion of the Court
The ChancelrOr :
This bill, as has been correctly observed, is founded upon the provisions of the 12th section of the Act of 1785, ch. 72, which authorizes the Chancellor to direct lands, tenements, &c., to be sold, in which infants, &c., have a joint interest, or interest in common with any other person or persons, when it shall appear, upon hearing and examination of all the circumstances, that it will be for the interest and advantage both of the infant, &c., and of the other person or persons concerned, that a sale should be made. It is not sufficient that one or any number of the parties…
2Cases cited3 opinions
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Harris v. HarrisCourt of Appeals of Maryland · 1834
- Kent's Adm'rs v. TaneyhillCourt of Appeals of Maryland · 1833
3Cited by1 opinion
- Baltimore Gas & Electric Co. v. BowersCourt of Appeals of Maryland · 1989