Hitch v. Fenby
Court of Appeals of Maryland
Appear from the Court of Chancery. A bill was filed in ^chancery on the 16th of January 1841, by the appellee, Samuel Fenby, against the appellant, Joshua Hitch, and "William Hitch, alleging that the defendants had executed to the complainant two bills of sale of personal property, the one dated the 17th of May 1838, and the other the 18th of November 1840, to secure the payment of a large sum of money-due from the grantors; that a portion of the property embraced in the…
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Appear from the Court of Chancery. A bill was filed in ^chancery on the 16th of January 1841, by the appellee, Samuel Fenby, against the appellant, Joshua Hitch, and "William Hitch, alleging that the defendants had executed to the complainant two bills of sale of personal property, the one dated the 17th of May 1838, and the other the 18th of November 1840, to secure the payment of a large sum of money-due from the grantors; that a portion of the property embraced in the conveyances having been sold, and .the proceeds applied to the payment in part of the debt, there remained due at the time…
1Opinion of the CourtLe Grand, C. J.
A very careful examination of the record in this case, has satisfied us of the justice and propriety of the chancellor’s action in the premises, and, with but one exception, we concur in all the observations and reasoning by which he sustains it. The remark to which we allude is, that a party omitting to make the defence of usury at law would not be *224relieved in equity. The'contrary has been decided in the case of West vs. Beanes & another, 3 Har. & Johns., 568. We refer to it to prevent misapprehension hereafter.
If at any time after the decree was enrolled and the term had passed, the…
2Cited by7 opinions
- Brenner v. PlittCourt of Appeals of Maryland · 1943
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
- Moss v. Annapolis Savings InstitutionCourt of Appeals of Maryland · 1939
- Presstman v. MasonCourt of Appeals of Maryland · 1887
- Holloway v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1914
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