Gaither & Warfield v. Welch's Estate
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 6th of November, 1829, the appellants, William Gaither and Joshua Warfield, filed their petition in Chancery, stating among other things, that previously thereto, to wit, in July, 1826, a decree had passed for the sale of the real estate of Nicholas Welch, deceased, for the payment of a debt due from him to one George Ellicott.
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Appeal from the Court of Chancery. On the 6th of November, 1829, the appellants, William Gaither and Joshua Warfield, filed their petition in Chancery, stating among other things, that previously thereto, to wit, in July, 1826, a decree had passed for the sale of the real estate of Nicholas Welch, deceased, for the payment of a debt due from him to one George Ellicott. That a sale was accordingly made, reported to, and ratified by the Chancellor, and such other proceedings were had, that the auditor of the court stated an account, whereby the balance of the proceeds of said real estate, after…
1Opinion of the Court
Buchanan,. Ch. J.,
delivered the opinion of the court.
The petition of the appellants appears to have been dismissed by the Chancellor, on the ground that the judgménts *263at law obtained by William Gaither, against the administrator of Nicholas Welch, were conclusive evidence of a sufficiency of personal assets in the hands of the administrator, to satisfy both their claims; and therefore precluded their proceeding against the real estate of the deceased, which could not be subjected to the payment of their claims, except upon an insufficiency of personal assets, which, by reason of those…
2Cited by6 opinions
- McLaughlin v. McGeeCourt of Appeals of Maryland · 1917
- McDowell v. GoldsmithCourt of Appeals of Maryland · 1866
- Tabler v. CastleCourt of Appeals of Maryland · 1864
- Ellicott v. WelchHigh Court of Chancery of Maryland · 1828
- Dorsey v. HammondHigh Court of Chancery of Maryland · 1828
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