Lawes v. Lumpkin
Court of Appeals of Maryland
Appeal from the Equity side of the Superior Court of Baltimore City. This-bill, filed October 28th, 1857, by the appellees against the appellants, alleges that Edward Ferry died, seized in fee of a lot and premises on Lombard street, conveyed to him by deed from Gelston and wife; that he left a widow, Charity, since intermarried with Wm, Lawes, and as heirs at law, Susannah, the wife of Lumpkin, and two infant children; that the property is not susceptible of partition, and…
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Appeal from the Equity side of the Superior Court of Baltimore City. This-bill, filed October 28th, 1857, by the appellees against the appellants, alleges that Edward Ferry died, seized in fee of a lot and premises on Lombard street, conveyed to him by deed from Gelston and wife; that he left a widow, Charity, since intermarried with Wm, Lawes, and as heirs at law, Susannah, the wife of Lumpkin, and two infant children; that the property is not susceptible of partition, and it will be for the interest and advantage of the infants and complainants, to sell it for distribution; that the widow…
1Opinion of the Court
Goldsborough, J.,
delivered the opinion .of this court.
Though the Superior court had jurisdiction to entertain the bill filed in this case, in pursuance of the Act of 1785, ch. 72, sec. 12, and also to decree .that the appellants, Lawes and wife, account with the appellees for their just proportion of the rents, (see 2 G. & J., 458,) yet there is manifest error in issuing a commission, as was done in this case, to three freeholders, under the Act of 1818, ch. 133, that Act, relating ;to proceedings, only, where all the parties are infants.
Again, the court erred in referring the proceedings to…
2Cases cited1 opinion
- Wells v. BeallCourt of Appeals of Maryland · 1830
3Cited by1 opinion
- Clark v. Tennison ex rel. BrowningCourt of Appeals of Maryland · 1870