Legal Opinion

Downes v. Friel

Court of Appeals of Maryland

Decided February 9, 1882PublishedCited by 18 opinions

Appeal from the Circuit Court for Queen Anne’s County, in Equity. The case is stated in the opinion of the Court. The deed of the 7th May, 1860, therein referred to, provided, that after the termination of the life estate of Myra E. • Downes, the wife of R. E. C. Downes, grantor in the deed, the property conveyed should go to the children of the said Myra E, Downes hy her husband R. E. C. Downes, and to the children of the said R. E. C. Downes, in fee simple.

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Appeal from the Circuit Court for Queen Anne’s County, in Equity. The case is stated in the opinion of the Court. The deed of the 7th May, 1860, therein referred to, provided, that after the termination of the life estate of Myra E. • Downes, the wife of R. E. C. Downes, grantor in the deed, the property conveyed should go to the children of the said Myra E, Downes hy her husband R. E. C. Downes, and to the children of the said R. E. C. Downes, in fee simple. It appeared that R. E. C. Downes was twice married; hy his first wife he had two children living .at the time the deed was made, one of…

1Opinion of the CourtBartol, C. J.

There are two appeals in this record. The first is from the decree passed on the 25th day of May 1876, directing the sale of certain lands mentioned in the proceedings. This appeal was taken on the 16th day of January 1877, but ■was not prosecuted in time; the transcript of the record not having beén transmitted to this Court until April 1st 1881.

It is expressly provided by rule 10, (29 Md., 4,) that “ all transcripts of records on appeals from Courts of equity shall be made and transmitted to the Court of Appeals within six months from the time of the appeal prayed.” In this case nearly six…

2Cases cited5 opinions

  1. Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
  2. Thruston v. DevecmonCourt of Appeals of Maryland · 1869
  3. Berrett v. OliverCourt of Appeals of Maryland · 1835
  4. Burch v. ScottCourt of Appeals of Maryland · 1829
  5. Earle v. TurtonCourt of Appeals of Maryland · 1866

3Cited by18 opinions

  1. Saltzgaver v. SaltzgaverCourt of Appeals of Maryland · 1944
  2. Straus v. RostCourt of Appeals of Maryland · 1887
  3. Foxwell v. FoxwellCourt of Appeals of Maryland · 1914
  4. Hamill v. HamillCourt of Appeals of Maryland · 1932
  5. Fetting v. FlaniganCourt of Appeals of Maryland · 1946

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