Bentley v. Cowman
Court of Appeals of Maryland
Appeal from the court of Chancery. On the 13th of August, 1832, the appellants exhibited their bill in the court of Chancery, alleging themselves to be creditors of one Gerard Cowman deceased; and praying for a sale of his real estate upon the ground, that his personal estate was inadequate to pay his debts; and that what there was of it had been expended by the appellees, his brothers and sisters, without any administration.
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Appeal from the court of Chancery. On the 13th of August, 1832, the appellants exhibited their bill in the court of Chancery, alleging themselves to be creditors of one Gerard Cowman deceased; and praying for a sale of his real estate upon the ground, that his personal estate was inadequate to pay his debts; and that what there was of it had been expended by the appellees, his brothers and sisters, without any administration. The bill alleged, that the deceased died without heirs of his body, and after praying subpama against the appellees, asked that his real estate might be sold for the…
1Opinion of the CourtDorset, J.
We cannot concur with the Chancellor, in regarding the plea of the defendants in this case as a disclaimer. A disclaimer is where a defendant renounces all claim to the subject of the demand made by the plaintiff’s bill. Coop. Eq. Pl. 309. Willis’ Eq. Pl. 617. 1 Montg. Dig. 92. 1 Turn. and Ven. Cost’s Chy. 536. Miff. Pl. 319.
Apply this test to the plea in question, and can it be considered a disclaimer? Is there any thing like a renunciation of all claims by the defendants to the subject matter demanded? It simply states, that they are not the heirs of Gerard Cowman, deceased. Thus perhaps…
2Cited by7 opinions
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- Safe Deposit & Trust Co. v. CoyleCourt of Appeals of Maryland · 1918
- Standard Founders, Inc. v. OliverCourt of Appeals of Maryland · 1935
- Crain v. Barnes & FergussonHigh Court of Chancery of Maryland · 1847
- Hitch v. DavisHigh Court of Chancery of Maryland · 1851
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