Anderson v. Tuck
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County, in Equity. For the facts relating to this appeal, reference may be had to the preceding case {ante 209) which was argued at the same time.
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Appeal from the Circuit Court for Prince George’s County, in Equity. For the facts relating to this appeal, reference may be had to the preceding case {ante 209) which was argued at the same time. Samuel B. Anderson excepted to so much of the auditors account “E” as allowed a portion of the trust fund to the judgment of William H. Tuck; exceptions were not taken by Duvall, Keighler & Co. The present appeal' is taken from so much of the order of the 9th of July, 1869, as ratified and confirmed account “E,” which allowed the judgment of William H. Tuck, equally with the judgments of the…
1Opinion of the CourtAlvey, J.
On this appeal the leading question is whether, by our practice, judgments rendered at the same term of Court all have relation to the first day of the term, so that no priority as between them can be claimed in the distribution of the proceeds of the real estate of the debtor upon which the judgments have attached as liens.
It is a general rule, in the common law of England, that all judgments rendered during the term relate back to the first day of the term, and are considered as rendered on that day. This general intendment of law is supposed to be founded in principles of convenience, and…
2Cases cited1 opinion
- Dennis v. DennisCourt of Appeals of Maryland · 1860
3Cited by2 opinions
- Albrecht v. StateCourt of Appeals of Maryland · 1918
- Hutchinson v. BrownDistrict of Columbia Court of Appeals · 1896