Legal Opinion

McCormick v. Gibson

Court of Appeals of Maryland

Decided December 15, 1830PublishedCited by 7 opinions

Appeal fiom Chancery. This was a bill filed in the Court of Chancery on the 19th June, 1824, against the heirs, devisees and administrator, and purchasers from the heirs and devisees of Jacob Gibson, deceased, (the appellees,) by James McCormick, Jr. (the appellant.) The object of the bill was to enforce the payment of a promissory note of Jacob Gibson, dated the 18th October, 18IT, payable five months afterdate, for $2500, which had regularly come to the hands of the…

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Appeal fiom Chancery. This was a bill filed in the Court of Chancery on the 19th June, 1824, against the heirs, devisees and administrator, and purchasers from the heirs and devisees of Jacob Gibson, deceased, (the appellees,) by James McCormick, Jr. (the appellant.) The object of the bill was to enforce the payment of a promissory note of Jacob Gibson, dated the 18th October, 18IT, payable five months afterdate, for $2500, which had regularly come to the hands of the complainant by endorsement. The bill alleged the personal estate of the maker of the note to have been exhausted in the…

1Opinion of the Court

The opinion of the Court was delivered by Dobsey, J.

The only question which we are called on to consider is, was the complainant rightfully turned out of the Court of Chancery, on the ground that the plea of limitations by James Tilton, one of the defendants, is as effectual a bar to any relief “as if it had been made by them all.” To sustain this broad and genera! principle, thus assumed by the Chancellor, as the basis of his decree, but two cases have been cited; viz. Clason vs. Morris, 10 John. 524, and Lingan vs. English, decided by this court at June term, 1830. Before this tribunal,…

2Cases cited1 opinion

  1. Clason v. MorrisCourt for the Trial of Impeachments and Correction of Errors · 1812

3Cited by7 opinions

  1. Dutton v. StateCourt of Appeals of Maryland · 1914
  2. Curry v. Hillcrest Clinic, Inc.Court of Appeals of Maryland · 1995
  3. Baltimore & Ohio Railroad v. TrimbleCourt of Appeals of Maryland · 1879
  4. Noel v. NoelCourt of Appeals of Maryland · 1937
  5. County Trust Co. v. HarringtonCourt of Appeals of Maryland · 1935

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