Legal Opinion

Barton v. Higgins

Court of Appeals of Maryland

Decided March 5, 1875PublishedCited by 9 opinions

Appeal from the Circuit Court for Anne Arundel County, in Equity. In June, 1858, Wrn. S. Barton, executor of John Metcalfe, obtained judgment on a bond against Henry O. Middleton, in the Circuit Court for the county of Spotsylvania, Ya., for $2,880.00. Middleton afterwards died, leaving real estate in Maryland, which was sold under a decree of the Circuit Court for Anne Arundel county, for the payment of his debts.

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Appeal from the Circuit Court for Anne Arundel County, in Equity. In June, 1858, Wrn. S. Barton, executor of John Metcalfe, obtained judgment on a bond against Henry O. Middleton, in the Circuit Court for the county of Spotsylvania, Ya., for $2,880.00. Middleton afterwards died, leaving real estate in Maryland, which was sold under a decree of the Circuit Court for Anne Arundel county, for the payment of his debts. On the 22 June, 1868, Barton, as executor of Metcalfe, filed in the cause, a short copy of Ms judgment, with a statement of the amount due. The real estate was sold, and by the…

1Opinion of the CourtRobinson, J.

In 1858, W. S. Barton, executor of John Metcalfe, recovered judgment against Henry O. Middleton in the Circuit Court for the county'of Spotsylvania, Virginia, for the sum of §2800. Middleton died leaving real estate in Maryland, which was sold under a decree of the Circuit Court for Anne Arundel County, for the payment of his debts.

On the 22nd June, 1868, Barton, executor of Metcalfe," filed in the proceedings for the sale of the real estate a copy of the judgment thus recovered by him and prayed to be allowed the same. To this claim exceptions were filed by certain creditors, and the Court…

2Cases cited6 opinions

  1. Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
  2. Biddle v. WilkinsSupreme Court of the United States · 1828
  3. Dugan v. GittingsCourt of Appeals of Maryland · 1845
  4. Ware v. RichardsonCourt of Appeals of Maryland · 1853
  5. Chenowith v. SmithCourt of Appeals of Maryland · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Wright v. GilbertCourt of Appeals of Maryland · 1879
  2. Fox v. TayCalifornia Supreme Court · 1891
  3. Citizens' National Bank v. SharpCourt of Appeals of Maryland · 1880
  4. Tittman v. ThorntonSupreme Court of Missouri · 1891
  5. Von Lingen v. FieldCourt of Appeals of Maryland · 1928

4 more not listed; retrieve them via the Exa API.

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