Farmers Bank v. Mackall
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 19th January 1824, James McCormick, by John Scott, Esq., his solicitor, filed his bill in chancery against Fayette Gibson; The Farmers Bank of Maryland; James Tilton and wife; Clara Tilton and others, claiming to be a creditor of Jacob Gibson, deceased, and having a lien on his real property; the defendants being devisees and mortgagees of the deceased debtor.
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Appeal from the Court of Chancery. On the 19th January 1824, James McCormick, by John Scott, Esq., his solicitor, filed his bill in chancery against Fayette Gibson; The Farmers Bank of Maryland; James Tilton and wife; Clara Tilton and others, claiming to be a creditor of Jacob Gibson, deceased, and having a lien on his real property; the defendants being devisees and mortgagees of the deceased debtor. On the 13th May 1836, the Chancellor, (Bland,) decreed, that the real estate of Jacob Gibson, deceased, or so much thereof as may be necessary, be sold for the payment of the mortgage claim of…
1Opinion of the CourtArcher, C. J.
The order of the Chancellor, appealed from, could only be sustained on the assumption, that the former trustee rightfully, as trustee, received the various amounts required by account B, to be contributed by the devisees of Jacob Gibson.
If these sums were rightfully received by the trustee, to the extent of the bank’s proportion of such payment, the claim of the bank must be considered as extinguished.
But the decree, under which the trustee acted, created no responsibility on the trustee, in relation to these contributions. It did not make it his duty to receive them, and we do not think,…
2Cited by1 opinion
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