State ex rel. Clements v. Van Lear
Court of Appeals of Maryland
Appeal from the Circuit Court for Washington County. This was an action of debt upon an appeal bond executed by the appellees to the State, reciting an appeal by John Yan Lear, Jr., from a decree of Washington county court as a court of equity, requiring him to carry into effect the power conferred upon him by the will of Mary Yan Lear, by executing deeds of manumission to certain negroes, including the appellant, Clements.
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Appeal from the Circuit Court for Washington County. This was an action of debt upon an appeal bond executed by the appellees to the State, reciting an appeal by John Yan Lear, Jr., from a decree of Washington county court as a court of equity, requiring him to carry into effect the power conferred upon him by the will of Mary Yan Lear, by executing deeds of manumission to certain negroes, including the appellant, Clements. The condition was to prosecute the appeal with effect, and also to pay to the parties, respectively, in whose favor the decree was passed, their executors, &c., in case it…
1Opinion of the CourtTuck, J.
This is an action on an appeal bond, executed by the appellees. The cestui que use was one of the complainants in the case of Peters, et al., vs. Van Lear, reported in 4 Gill, 249. *95When that cause was remanded to the equity court, in pursuance of the decree of the Court of Appeals, a final decree was passed directing the defendant to execute deedsof manumission, according to Mrs. Van Lear’s will. (See Pearce vs. Van Lear, ante, at this term, for a full statement of the case.) From this decree Tan Lear appealed, and gave the bond on which this suit is brought. The costs have been paid; and the…
2Cases cited4 opinions
- Peters v. Van LearCourt of Appeals of Maryland · 1846
- Hall v. MullinCourt of Appeals of Maryland · 1821
- Franklin v. WatersCourt of Appeals of Maryland · 1849
- Wicks v. ChewCourt of Appeals of Maryland · 1819
3Cited by1 opinion
- Jason v. HendersonCourt of Appeals of Maryland · 1855