Henry v. Kaufman
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. This is au appeal from an order of the Circuit Court' of Baltimore City, passed on the 4th of September, 1860, in a cause therein pending, requiring theappellant, Barroll, to bring into Court certain funds in his hands as receiver in said cause.
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Appeal from the Circuit Court of Baltimore City. This is au appeal from an order of the Circuit Court' of Baltimore City, passed on the 4th of September, 1860, in a cause therein pending, requiring theappellant, Barroll, to bring into Court certain funds in his hands as receiver in said cause. The receiver who. was also the trustee in insolvency of the appellant, Henry, afterwards appointed by the Court of Common Pleas of Baltimore City, in proceedings pending in said Court, claimed to retain the possession of said funds as trustee aforesaid, and appealed from the order of the Circuit Court.…
1Opinion of the CourtBowie, C. J.
The receiver in this case, as the agent of the Court, sold the property in dispute, before final decree, to prevent waste and loss, the proceeds being subject to the claims of the parties thereafter to he adjudged. Subsequently, the defendant, Henry, became an insolvent petitioner, and Bar-roll, the receiver, was appointed his permanent trustee. The order of the Court of Equity requiring him, as receiver, to bring the fund into Court, is now appealed from by him, on the ground that the case abated by the insolvency of Henry, and after the appointment of a permanent trustee, the fund passed…
2Cases cited5 opinions
- Glenn v. GillCourt of Appeals of Maryland · 1852
- Ellicott v. WarfordCourt of Appeals of Maryland · 1853
- Kerr v. PotterCourt of Appeals of Maryland · 1848
- Newcomer v. KeedyCourt of Appeals of Maryland · 1852
- Wheeler v. StoneCourt of Appeals of Maryland · 1846