Marbury v. Stonestreet
Court of Appeals of Maryland
This case is brought by appeal from Charles county court, sitting as a court of equity. The bill was filed on the 6th February 1849, by appellant, who had purchased a tract of land sold by the appellee, as trustee of that court for the sale of the real estate of James B. Pye. It alleges, that the trustee, in his advertisement, stated, that the tract contained, by survey, six hundred and sixty-four acres.
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This case is brought by appeal from Charles county court, sitting as a court of equity. The bill was filed on the 6th February 1849, by appellant, who had purchased a tract of land sold by the appellee, as trustee of that court for the sale of the real estate of James B. Pye. It alleges, that the trustee, in his advertisement, stated, that the tract contained, by survey, six hundred and sixty-four acres. For this the purchaser was to pay $1000 in cash, the remainder in three equal annual instalments, bearing interest from January 1st, 1846. Confiding in the statement as to quantity, the…
1Opinion of the Court
Tuck J.,
delivered the opinion of the court.
It appears by the opinion filed in this cause, that the proceedings in the case, for the sale of James B. Pye’s estate, were before the court below when this decree was pronounced. They however form no part of the record, and cannot be treated by us as in the case, except so far as they are admitted by the pleadings. The record being defective in this and other respects, the case will be remanded for further proceedings, according to the views of this court. 11 Gill and John., 342.
We agree with the court below, as to the character of the…
2Cases cited3 opinions
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Hollingsworth v. M'DonaldCourt of Appeals of Maryland · 1806
- Weems v. BrewerCourt of Appeals of Maryland · 1828
3Cited by18 opinions
- Crislip v. CainWest Virginia Supreme Court · 1882
- Bachrach v. Washington United Cooperative, Inc.Court of Appeals of Maryland · 1943
- Baltimore Permanent Building & Land Society v. SmithCourt of Appeals of Maryland · 1880
- Blue v. . BlueSupreme Court of North Carolina · 1878
- Whitlock Cordage Co. v. HineCourt of Appeals of Maryland · 1915
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