Whelan v. Cook
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County, sitting in equity. By the petition filed in this cause on the 17th of May, 1859, and the order of the 18th of May, 1859, passed thereon, the appellants became parties to this cause.
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Appeal from the Circuit Court for Howard County, sitting in equity. By the petition filed in this cause on the 17th of May, 1859, and the order of the 18th of May, 1859, passed thereon, the appellants became parties to this cause. Hays v. Miles, 9 G. & J. 193; Baltzell v. Foss, 1 H. & G. 504; Balch v. Zentmeyer, xx G. & J. 267. The order of the court of the 7th of September, 1865, did not dismiss the petition filed on the 17th of May, 1859, and said order did not operate to make the appellants no longer parties to the cause, although the petition filed on the 7th September, said, that these…
1Opinion of the CourtMiller, J.
The court below dismissed the appellants’ petition praying that an order finally ratifying an auditor’s account be vacated and the trustees prohibited from distributing the fund as thereby directed. A suit was instituted for a sale of the real estate of an intestate for the purpose of partition, the heirs-at-law *being the only parties thereto. The land was sold under the decree, and the account distributed the proceeds to the heirs, and was finally ratified October nth, 1865. The appellants claiming to be simple contract creditors of the deceased, filed their present petition on the 15th of…
2Cases cited2 opinions
- Kent v. O'HaraCourt of Appeals of Maryland · 1835
- Dixon v. DixonHigh Court of Chancery of Maryland · 1848
3Cited by2 opinions
- Trayhern v. National Mechanics' BankCourt of Appeals of Maryland · 1882
- Watts, Watts & Co. v. Unions Austriaca di NavigazioneDistrict Court, E.D. New York · 1915