Dorsey v. Smith
Court of Appeals of Maryland
Appeal from a decree of the Court of Chancery. The facts of this case are sufficiently stated in the final decree of the chancellor. The bill, which was filed by the appellant, (and (S'. Chapman his surety, who is since dead,) against the appellee, on the 20th of December 1819, prayed an injunction to stay proceedings on judgments at law obtained by the appellee against the appellant, and his surety.
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Appeal from a decree of the Court of Chancery. The facts of this case are sufficiently stated in the final decree of the chancellor. The bill, which was filed by the appellant, (and (S'. Chapman his surety, who is since dead,) against the appellee, on the 20th of December 1819, prayed an injunction to stay proceedings on judgments at law obtained by the appellee against the appellant, and his surety. The injunction was granted, and on a motion to dissolve it, on the coming in of the answer, the following decretal order was passed at July term,, 1820, by Kilty, Chancellor. The motion to…
1Opinion of the CourtArcher, J.
There appear to be two principal questions presented in this cause, for the consideration of the court.
First. Ought the appellant, Dorsey, to be charged with interest, from what time, and on what portion of the purchase money?
Second. For what sum ought Dorsey to be credited on account of the legacy purchased by him?
The determination of the first question will depend' upon the construction which shall be given to the contract between the parties.- When the appellant purchased the remainder upon the death of his wife, Smith stipulated that he would exonerate the lands so purchased from the…
2Cited by9 opinions
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Taylor v. TurleyCourt of Appeals of Maryland · 1871
- Shriver v. Druid Realty Co.Court of Appeals of Maryland · 1926
- Peyton v. AyresHigh Court of Chancery of Maryland · 1849
- Myers v. SmithCourt of Appeals of Maryland · 1867
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