Legal Opinion

Kearney v. Denn

Supreme Court of the United States

Decided November 25, 1872PublishedCited by 12 opinions

Error to the Circuit Court for the District of Maryland; the case being thus: Dr. David Crawford, of Prince George’s County, Maryland, died there in 1859, a bachelor, leaving a large personal and real' estate, but neither father or mother, brother or sister, or the descendants of either to inherit it. A first cousin named Blackburne, who was in possession of his realty, applied for administration on the personalty.

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Error to the Circuit Court for the District of Maryland; the case being thus: Dr. David Crawford, of Prince George’s County, Maryland, died there in 1859, a bachelor, leaving a large personal and real' estate, but neither father or mother, brother or sister, or the descendants of either to inherit it. A first cousin named Blackburne, who was in possession of his realty, applied for administration on the personalty. A counter application was made by one George T. Crawford, of Maryland, son of Thomas'B. Crawford, a brother of the intestate, who had died before him. The application of George T.…

1Opinion of the CourtJustice Swayne

recapitulated certain parts of the case and delivered the opinion of the court.

In this case our attention has been called to two alleged errors:

I. That the court below overruled the motion of the plaintiffs in error to dismiss the suit.

After the case was remanded from this court to the Circuit Court, the plaintiffs’ lessors appeared in that court and suggested the death of Richard S. Blackburne, the original defendant, and prayed leave to make new defendants. Leave was given accordingly. This was done on the first Monday of April, 1868, and the cause was thereupon continued to the first…

2Cited by12 opinions

  1. Overby v. GordonSupreme Court of the United States · 1900
  2. England v. GebhardtSupreme Court of the United States · 1884
  3. White v. HillSupreme Court of Alabama · 1912
  4. Mossman v. Hawaiian GovernmentHawaii Supreme Court · 1896
  5. L_____ v. R____Missouri Court of Appeals · 1974

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