Earle v. Turton
Court of Appeals of Maryland
Appeal from the Circuit Court for Anne Arundel county. -This appeal is taken from an order of the Court below overruling the appellant’s exceptions to the ratification of the sale made to him under the decree in the case, and finally ratifying such sale. The bill in this case was filed by some of the heirs-at-law of William II. Turton, deceased, against the others, for a partition of the real estate of which the said Turton died seized and possessed.
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Appeal from the Circuit Court for Anne Arundel county. -This appeal is taken from an order of the Court below overruling the appellant’s exceptions to the ratification of the sale made to him under the decree in the case, and finally ratifying such sale. The bill in this case was filed by some of the heirs-at-law of William II. Turton, deceased, against the others, for a partition of the real estate of which the said Turton died seized and possessed. The hill alleges that the said Turton died seized and possessed of about six hundred acres of land, more or less, which has descended to the…
1Opinion of the CourtBartol, J.
If the proceedings in this case under which the decree In question was passed, had been instituted under the Act of 1785, ch. 72, there could he no question as to the jurisdiction of the Court to pass tho decree. See Tomlinson vs. McKaig, 5 Gill, 256, and Billingslea vs. Baldwin and Wife, 23 Md. Rep., 85. The Code, however, in conferring jurisdiction upon the Chancery Courts in such cases, does not exactly pursue the words of the Act of 1785, and tho proceeding being instituted since the adoption of the Code must he governed by its provisions.
We concur with the Judge of the Circuit Court In…
2Cases cited4 opinions
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Glenn v. ClappCourt of Appeals of Maryland · 1839
- Bolgiano v. CookeCourt of Appeals of Maryland · 1863
- Billingslea v. BaldwinCourt of Appeals of Maryland · 1865
3Cited by8 opinions
- Downes v. FrielCourt of Appeals of Maryland · 1882
- Newbold v. SchlensCourt of Appeals of Maryland · 1887
- Oxenham v. MitchellCourt of Appeals of Maryland · 1931
- Fox v. ReynoldsCourt of Appeals of Maryland · 1879
- Ballantyne v. RuskCourt of Appeals of Maryland · 1897
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