Rawlings v. Adams
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard county. Debt by the appellant against the appellee, brought on the 13th of September 1851, upon a bond, in the penalty of $10,000, executed on the 1st of January 1844, by William Adams, the defendant’s testator, to Elizabeth Rawlings, the then wife of the plaintiff.
Read the full summary
Appeal from the Circuit Court for Howard county. Debt by the appellant against the appellee, brought on the 13th of September 1851, upon a bond, in the penalty of $10,000, executed on the 1st of January 1844, by William Adams, the defendant’s testator, to Elizabeth Rawlings, the then wife of the plaintiff. This bond recites, that “whereas the said William Adams having received full satisfaction from the said Elizabeth Raw-lings for the farm and lands thereunto attached, which he purchased of Caleb Stabler, as trustee of Joseph Bond’s property, I bind myself, my heirs, executors and…
1Opinion of the CourtEccleston, J.
When an executor relies upon a plea oí plena administravit to defeat the suit of a creditor, to render the plea available by showing that he has paid over the assets to legatees, it must appear that he has given the notice required by the act of 1798, ch. 101, sub-ch. S, sec. 13. This section provides, that “no executor or administrator who shall, after the lapse of one year from the date of his letters, have paid away assets to the discharge of just claims, shall be answerable for any claim of which he had no notice or knowledge; provided, that at least six months before he shall make…
2Cases cited6 opinions
- Rickert v. SynderNew York Supreme Court · 1832
- Tanner v. LivingstonNew York Supreme Court · 1834
- Cannell v. M'CleanCourt of Appeals of Maryland · 1824
- Dement v. StonestreetCourt of Appeals of Maryland · 1851
- Savory's Lessee v. WhaylandCourt of Appeals of Maryland · 1755
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Baltimore Permanent Building & Land Society v. SmithCourt of Appeals of Maryland · 1880
- Schindel v. SchindelCourt of Appeals of Maryland · 1858
- Rain v. RoperSupreme Court of Florida · 1875
- In re Estate of PullingMichigan Supreme Court · 1893
- Rohn v. LeachDefiance County Court of Common Pleas · 1922
1 more not listed; retrieve them via the Exa API.