State ex rel. Gilkeson v. Humbird
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County. Exception.—At the trial of this cause the plaintiff gave in evidence the bond of Richard M. Sprigg, as administrator of his mother, Jane D. Sprigg, and proved by John Humbird, one of the defendants, that his name signed to said bond was in his hand-writing, and that at the time of signing the same, he understood that he was signing said bond as one of the securities of Richard M. Sprigg as such administrator.
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Appeal from the Circuit Court for Allegany County. Exception.—At the trial of this cause the plaintiff gave in evidence the bond of Richard M. Sprigg, as administrator of his mother, Jane D. Sprigg, and proved by John Humbird, one of the defendants, that his name signed to said bond was in his hand-writing, and that at the time of signing the same, he understood that he was signing said bond as one of the securities of Richard M. Sprigg as such administrator. The plaintiff also gave in evidence' the second and final account of the said Richard M. Sprigg, as administrator as aforesaid, whereby…
1Opinion of the CourtRobinson, J.
This is- a suit upon the administration bond of Richard M. Sprigg.
In the body of the bond, it purports to be signed and sealed by Richard M. Sprigg, Alfred Spates, J. H. Long and John Humbird.
It is signed by all these parties, and there is a seal opposite to each of the signatures of Richard M. Sprigg, Alfred Spates and J. H. Long, but there is no seal opposite to or in any manner attached to the signature of the appellee, Humbird. And the question is whether the plea of non est factum by him is a good plea ?
A seal is essential to a deed or specialty, although it is not necessary that every…
2Cases cited1 opinion
- Stabler v. CowmanCourt of Appeals of Maryland · 1835
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