Lee v. Administrators of Boteler & Belt
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this case was filed on the 6th April, 1835, by the appellant, and alleged, that in a suit in equity in Prince George’s county court, between Lucy S. Brooke, complainant, and Walter B. Brooke, defendant, such proceedings were had that on the 27th July, 1830, a decree was passed for the sale of certain mortgaged premises; that E. M. D. was appointed trustee to make said sale; gave a bond with A. H. B. and E. W. B. as his…
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Appeal from the Court of Chancery. The bill in this case was filed on the 6th April, 1835, by the appellant, and alleged, that in a suit in equity in Prince George’s county court, between Lucy S. Brooke, complainant, and Walter B. Brooke, defendant, such proceedings were had that on the 27th July, 1830, a decree was passed for the sale of certain mortgaged premises; that E. M. D. was appointed trustee to make said sale; gave a bond with A. H. B. and E. W. B. as his securities, which was approved and filed in the said cause; that E. M. D. made and reported a sale, which was ratified by the…
1Opinion of the CourtChambees, J.
The claim upon which this suit is founded, like that in the preceding case, against the same appellees by John Brooks, was originally due from Walter B. Brooke, and was filed in the case of Lucy S. Brooke against him.
With the exception of a very few and unimportant particulars, it is subject to the same considerations, and must be decided by the same principles.
Besides the defences common to the two cases, the appellees have in this case urged—
1st. That the appellant has resorted to a different mode of proceeding, and
2ndly. That no order for the payment of the claim was ever passed in the…
2Cited by4 opinions
- Owings v. RhodesCourt of Appeals of Maryland · 1886
- Berger v. ClendinenCourt of Appeals of Maryland · 1898
- Madore v. ThompsonCourt of Appeals of Maryland · 1928
- Wilhelm v. CaylorCourt of Appeals of Maryland · 1870