Legal Opinion

Warfield v. Owens

Court of Appeals of Maryland

Decided December 15, 1846PublishedCited by 3 opinions

Appeal from the Court of Chancery. On the 26th February 1844, Nicholas Owens, James T. Henderson, and Nicholas R. Warfield, in behalf of themselves, and all other creditors of Eli G. Warfield, deceased, filed their bill, setting forth their respective claims against him at the time of his death, intestate, in the year 1841; that administration of his personal estate was granted to his widow, Ellen B. War-field, and Reuben Warfield, who had possessed themselves of the said E.…

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Appeal from the Court of Chancery. On the 26th February 1844, Nicholas Owens, James T. Henderson, and Nicholas R. Warfield, in behalf of themselves, and all other creditors of Eli G. Warfield, deceased, filed their bill, setting forth their respective claims against him at the time of his death, intestate, in the year 1841; that administration of his personal estate was granted to his widow, Ellen B. War-field, and Reuben Warfield, who had possessed themselves of the said E. G. W’s estate, and admitted the complainants’ claims against him. The bill charged, that the deceased’s persona] estate…

1Opinion of the Court 1

Magruder., J.,

delivered his opinion as follows :

I signed the decree which was passed by the court in this case, but not for reasons which will be found in an opinion which has been filed. The reasons, which are set forth in that *368opinion, for the decree, could not be my reasons for denying to the petitioner the relief which he sought; because, whether they exist in the case, I did not take the trouble to enquire; and because, if for such reasons the petition must be dimissed, then such an application could in no case be successful; for as soon as the chancellor ascertains that the complainants…

Also in this document: Opinion of the Court · Dorsey.

2Cases cited3 opinions

  1. Griffith v. Frederick County BankCourt of Appeals of Maryland · 1834
  2. Strike v. M'Donald & SonCourt of Appeals of Maryland · 1828
  3. Wyse v. Smith & BuchananCourt of Appeals of Maryland · 1832

3Cited by3 opinions

  1. Powles v. DilleyCourt of Appeals of Maryland · 1850
  2. Scott v. ScottCourt of Appeals of Maryland · 1861
  3. McKaig v. JamesCourt of Appeals of Maryland · 1887

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