Legal Opinion

Gibson v. Tilton

High Court of Chancery of Maryland

Decided July 23, 1827PublishedCited by 5 opinions

This bill was filed on the 2d of September, 1826, by Fayette Gibson against James Tilton, in which it is alleged, that owing to various circumstances, the defendant Tilton had recovered a judgment at law against the plaintiff Gibson, for a large sum of money which he had discovered was really and in equity not due to him. Whereupon it was prayed that an injunction might be granted to stay execution, and for general relief, &c.

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This bill was filed on the 2d of September, 1826, by Fayette Gibson against James Tilton, in which it is alleged, that owing to various circumstances, the defendant Tilton had recovered a judgment at law against the plaintiff Gibson, for a large sum of money which he had discovered was really and in equity not due to him. Whereupon it was prayed that an injunction might be granted to stay execution, and for general relief, &c. An injunction was ordered as prayed; — after which the defendant put in his answer, and gave notice of a motion to dissolve the injunction.

1Opinion of the Court

Bland, Chancellor.

This motion for a dissolution of the injunction standing ready for hearing, and the solicitors of the parties having been fully heard, the proceedings were read and considered.

It appears, that the defendant is a resident of the State of Delaware, where, after subscribing his name to his answer, he swore to its truth, which acts are certified by the judge in these words :— “ Sworn- and subscribed this twenty-sixth day of April, A. D. 1827, before Kensey Johns, Chief Justice of the Supreme Court of the State of Delaware.” To which is subjoined a certificate, in the usual form,…

2Cases cited1 opinion

  1. Mitchell v. SmithNew York Court of Chancery · 1828

3Cited by5 opinions

  1. Whiting v. ShipleyCourt of Appeals of Maryland · 1915
  2. Sharon v. SharonCalifornia Supreme Court · 1890
  3. Foster v. Bank of AbingdonU.S. Circuit Court for the District of Western Virginia · 1894
  4. Thorpe v. SampsonU.S. Circuit Court for the District of Southern California · 1897
  5. Hendley v. ClarkDistrict of Columbia Court of Appeals · 1896

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