Legal Opinion

Six v. Shaner

Court of Appeals of Maryland

Decided March 5, 1867PublishedCited by 5 opinions

Appeal from tlie equity side of the Circuit Court for Frederick county. The bill in this case, filed November 20th, 1858, by the appellant, charges that Martha Ann Shaner, a married woman and the wife of Jeremiah Shaner, purchased at public sale, from a trustee in equity, a tract of laud for $3,440.07 ; that this sale and purchase took place March 28th, 1857, was duly reported and finally ratified September 7th, 1857, and on the 17th of October.of that year, the land was…

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Appeal from tlie equity side of the Circuit Court for Frederick county. The bill in this case, filed November 20th, 1858, by the appellant, charges that Martha Ann Shaner, a married woman and the wife of Jeremiah Shaner, purchased at public sale, from a trustee in equity, a tract of laud for $3,440.07 ; that this sale and purchase took place March 28th, 1857, was duly reported and finally ratified September 7th, 1857, and on the 17th of October.of that year, the land was conveyed to the said Martha by the trustee, by deed duly executed and recorded; that about the 1st of May, 1857, the said…

1Opinion of the CourtWeisel, J.

The deed by Josiah Dotterer to Martha Ann Shaner, exhibited with the bill in this case, was executed on the 17th of October, 1857, and without any terms to constitute the real estate therein conveyed, her sole and separate estate, she beiDg a feme covert. The Acts of Assembly of 1842, ch. 293, and 1853, ch. 245, which govern this case, did not invest her with a separate estate in the property so as to exclude the marital rights, of the husband. This con*443Stmetion has been distinctly and repeatedly settled by this Court. Schindel vs. Schindel, 12 Md. Rep., 122, 312, 313. Bridges & Woods vs.…

2Cases cited7 opinions

  1. Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
  2. Schindel v. SchindelCourt of Appeals of Maryland · 1858
  3. Weems v. WeemsCourt of Appeals of Maryland · 1863
  4. Johns v. ReardonCourt of Appeals of Maryland · 1857
  5. Bridges v. McKennaCourt of Appeals of Maryland · 1859

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

3Cited by5 opinions

  1. Whaley v. WhaleySupreme Court of Alabama · 1881
  2. Gebb v. HowellCourt of Appeals of Maryland · 1874
  3. Applegarth v. WagnerCourt of Appeals of Maryland · 1897
  4. Noland v. SandersSupreme Court of Alabama · 1962
  5. Consolidated Cases of Ehrmann v. HendrickBaltimore City Superior Court · 1928

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