Schuman ex rel. Hesen v. Peddicord
Court of Appeals of Maryland
Appeal from the Circuit Court for Garrett Count y, in Equity. The facts of the case are stated in the opinion of the Court. The deed in question purports to convey only certain real estate, described in it by metes and bounds, and nowhere either states that this was all the grantors’ real estate, or conveys in general terms all other real estate owned by them.
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Appeal from the Circuit Court for Garrett Count y, in Equity. The facts of the case are stated in the opinion of the Court. The deed in question purports to convey only certain real estate, described in it by metes and bounds, and nowhere either states that this was all the grantors’ real estate, or conveys in general terms all other real estate owned by them. All their personal property is conveyed in terms, and this is followed by a statement, that “ it is expressly intended * * to transfer * * every species of personal property which they possess.” Seeming to negative any presumption that…
1Opinion of the CourtRobinson, J.
The appellant, a married woman, united with her husband in an assignment of property for the common benefit of their creditors; and this hill is filed by the wife, to set aside the assignment as fraudulent, because it does not upon its face embrace the entire property of the grantors.
Whether the assignment is liable to the objection now urged against it, is a question not necessary to be decided here, for if it be conceded that it does not embrace all the property of the grantors, real and personal, and is therefore void under the statute of 13 Elizabeth ; it is nevertheless binding on the…
2Cases cited10 opinions
- Newson's Adm'r. v. DouglassCourt of Appeals of Maryland · 1826
- Cushwa v. CushwaCourt of Appeals of Maryland · 1853
- Stewart v. KearneySupreme Court of Pennsylvania · 1837
- Freeman v. SedwickCourt of Appeals of Maryland · 1847
- Stewart v. IglehartCourt of Appeals of Maryland · 1835
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3Cited by9 opinions
- Riley v. CarterCourt of Appeals of Maryland · 1893
- Arthur v. Morrow BrothersCourt of Appeals of Maryland · 1917
- Hertz v. MillsCourt of Appeals of Maryland · 1934
- Merchants Bank v. PageCourt of Appeals of Maryland · 1925
- Harrison v. HarrisonCourt of Appeals of Maryland · 1931
4 more not listed; retrieve them via the Exa API.