Lee v. Stone
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 30th of June, 1810, a decree was obtained in this court, for the sale of the real estate of one Richard Jordan, deceased, situate in Saint Mary's county, for the payment of his debts, upon a bill filed for that purpose, by a certain Samuel Coombs; and James Cook, since deceased, was appointed a trustee to make the sale.
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Appeal from the Court of Chancery. On the 30th of June, 1810, a decree was obtained in this court, for the sale of the real estate of one Richard Jordan, deceased, situate in Saint Mary's county, for the payment of his debts, upon a bill filed for that purpose, by a certain Samuel Coombs; and James Cook, since deceased, was appointed a trustee to make the sale. The trustee reported, that he sold said estate to Jeremiah Booth, on the 24th of the then following September, which report was duly ratified and confirmed. After various subsequent proceedings had in the premises, a petition was filed…
1Opinion of the CourtDorset, J.
Among the numerous grounds upon which the decree of the Chancellor is attempted to be reversed, the appellants have urged one, which, if sustainable, would remove all motive for further litigation on the various questions which have been discussed in the progress of the cause. It has been contended, that Booth’s interest in the land sold, being a mere equitable estate, a judgment at law against him would create no lien upon it, that, in a Court of Equity, would give it a preference over the claims of his creditors generally. This position we cannot sanction. Courts of Chancery in adjusting…
2Cited by2 opinions
- Gelston v. ThompsonCourt of Appeals of Maryland · 1868
- Coombs v. JordanHigh Court of Chancery of Maryland · 1810