Legal Opinion

Owings' Case

High Court of Chancery of Maryland

Decided November 27, 1826Published

This case was brought before the court by a bill filed by Colegate D. Owings against Charlotte C. D. Owings, on the 21st May, 1825, in which the plaintiiF alleged, that she was then more than eighty-four years of age, and at a time when she was in a condition of extreme ill health, and altogether deprived of the proper use of her mental faculties, the defendant had fraudulently caused her to execute and deliver a deed dated on the 15th of June 1824, which purports to be a…

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This case was brought before the court by a bill filed by Colegate D. Owings against Charlotte C. D. Owings, on the 21st May, 1825, in which the plaintiiF alleged, that she was then more than eighty-four years of age, and at a time when she was in a condition of extreme ill health, and altogether deprived of the proper use of her mental faculties, the defendant had fraudulently caused her to execute and deliver a deed dated on the 15th of June 1824, which purports to be a conveyance from the plaintiiF of all her real and personal estate to the defendant; that the deed was made without any…

1Opinion of the Court

Bland, Chancellor.

Ordered, that this application to reinstate the case stand for hearing on-the fourth day of January next; — that depositions taken by either party on one day’s notice may be read in evidence at the hearing; — that the Chancellor will at the hearing require the personal presence of the complainant for the purpose of informing himself upon the subject of this application; but he desires it to be distinctly understood, that the complainant must not be removed from home so as to subject her to great personal inconvenience, or so as to endanger the *372health of one so advanced in…

2Cases cited6 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
  3. Webster v. WoodfordU.S. Circuit Court for the District of Connecticut · 1808
  4. Browne v. BrowneCourt of Appeals of Maryland · 1803
  5. Owings v. OwingsCourt of Appeals of Maryland · 1830

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