Mitchell v. Clagett
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. Debt, by the appellant against the appellee, upon a sealed bill alleged to have been executed by the defendant’s testator in favor of the plaintiff for $1000, dated the 22nd of March 1852, and payable in six months.
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Appeal from the Circuit Court for Anne Arundel county. Debt, by the appellant against the appellee, upon a sealed bill alleged to have been executed by the defendant’s testator in favor of the plaintiff for $1000, dated the 22nd of March 1852, and payable in six months. The defendant pleaded: — 1st, non est factum; 2nd, that at the time of its execution defendant’s testator was of unsound mind and incapable of making a valid deed, by reason of disease and bodily infirmity, and that the plaintiff, well knowing this, fraudulently induced and procured him to execute this bond; 3rd, that the…
1Opinion of the CourtLe Grand, C. J.
At the trial of this cause the appellant objected to the competency of a witness offered on behalf of the appellee. The court sustained the objection; whereupon the witness executed a release of all his own and that of his wife’s interest in the estate of her mother. The court held this release to be sufficient to remove the disability, and the witness was examined. *51The appellant excepted to the ruling of the court in so far as it adjudged the sufficiency of the release. The question for our determination arises under this exception.
It appears from the record the suit was brought on a sealed…
2Cases cited1 opinion
- Townshend v. TownshendCourt of Appeals of Maryland · 1854
3Cited by1 opinion
- Robinson v. ClementIndiana Supreme Court · 1880