Legal Opinion

Funk v. Newcomer

Court of Appeals of Maryland

Decided December 15, 1856PublishedCited by 14 opinions

Appeal from the equity side of the Circuit Court for Washington county. Andrew Newcomer, on the 15th of November 1822, exe_ cuted a deed of trust to Henry Newcomer, Henry Landis and John Witmer, in which he recites an indebtedness to each of the grantees, and to others, some of whom are particularly named, with the amounts due them, and then conveys property, consisting of an undivided three-fourths of two tracts of land, and all his personal property on his farm and in his…

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Appeal from the equity side of the Circuit Court for Washington county. Andrew Newcomer, on the 15th of November 1822, exe_ cuted a deed of trust to Henry Newcomer, Henry Landis and John Witmer, in which he recites an indebtedness to each of the grantees, and to others, some of whom are particularly named, with the amounts due them, and then conveys property, consisting of an undivided three-fourths of two tracts of land, and all his personal property on his farm and in his dwelling house, to the grantees, “and their heirs, and the survivor of them, and the heirs of such survivor forever,” in…

1Opinion of the CourtLe Grand, C. J.

The bill of the appellant was filed in this cause for the purpose of obtaining a partition of certain property, alleged to be held in common with the appellee, and, also, for an account of profits, expenditures, &c.

The case, as made by the bill, may be thus stated: — A certain Andrew Newcomer, of Washington county, being indebted to various persons in the year 1822, made a deed of trust of his property to certain parties, which provided for the payment of his debts, and reserving to the grantor any residue which might remain, for life, and then to go in such direction as he might indicate by…

2Cited by14 opinions

  1. Fitch v. Double" U" Sales Corp.Court of Appeals of Maryland · 1957
  2. Glenn v. DavisCourt of Appeals of Maryland · 1872
  3. Rodgers v. JohnCourt of Appeals of Maryland · 1917
  4. Wright v. TichenorIndiana Supreme Court · 1885
  5. Kerby v. KerbyCourt of Appeals of Maryland · 1882

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