Hardy v. Summers
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill in this cause was filed on the 30th December 183?, by James C. Summers and Mary his wife.
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Appeal from the Court of Chancery. The bill in this cause was filed on the 30th December 183?, by James C. Summers and Mary his wife. Jt alleged that, about the 4th February 1819, a certain Jonathan Hardey departed this life, intestate, leaving the said Mary and Anne Hardey, his only daughters and heirs at law; that he died seized of personal and real estate in Prince George’s county, which he had frequently declared he wrould dispose of by last will and testament in manner following, that is to say; that to the said Anne Hardey and her heirs, he intended to devise all that parcel of land,…
1Opinion of the CourtDorsey, Judge
It is insisted that, the grounds for equitable relief, as set forth in the bill of complaint, were, heretofore, and finally adjudicated by Prince George’s county court in the proceedings therein, under the act of descents, for the division.of the real estate of Jonathan Hardy, between Talburtt, the grantee of Anne Hardy, and Mary Summers and her husband; and that such adjudication is a bar to the relief now prayed'for.
The case set forth in the complainant’s bill is one, in which a court of equity only, is competent to grant the appropriate relief.!
If the facts, stated in the bill, be true,…
2Cited by5 opinions
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- Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Jenkins v. SimmsCourt of Appeals of Maryland · 1877
- Allers v. KleinCourt of Appeals of Maryland · 1931