Legal Opinion

Glenn v. McKim

Court of Appeals of Maryland

Decided December 15, 1845PublishedCited by 4 opinions

Appeal from the Court of Chancery. On the 12th November 1834, Joseph McKim filed a bill to sell the real estate of his deceased brother, Samuel McKim; and on the 4th May 1835, a decree was passed for that object, and John Scoll and W. II Marriott, were appointed trustees to cany it into effect. They gave separate bonds, made a sale, and deposited the proceeds of sale in court.

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Appeal from the Court of Chancery. On the 12th November 1834, Joseph McKim filed a bill to sell the real estate of his deceased brother, Samuel McKim; and on the 4th May 1835, a decree was passed for that object, and John Scoll and W. II Marriott, were appointed trustees to cany it into effect. They gave separate bonds, made a sale, and deposited the proceeds of sale in court. Proceedings in attachment having been instituted by a creditor of one of the parties, distribution of a portion of the fund was delayed; and on the 22nd July 1836, the following agreement was filed in the cause :— “On…

1Opinion of the CourtMagruder, J.

A decree of the Court of chancery, brought into that court a large sum of money, the proceeds of sale of the real estate of Samuel McKim, in order there to be distributed among the persons to whom the real estate descended. Before distribution was made, the title of some of the claimants to any share of the estate, and, of course, of the purchase money, was denied by others, who were admitted to be heirs of the intestate. Thus arose a controversy in chancery, about a considerable part of the fund, and the Chancellor having, by his order, excluded some of the claimants, an appeal was taken by…

2Cited by4 opinions

  1. Caldwell v. GrahamCourt of Appeals of Maryland · 1911
  2. Zimmerman v. CoblentzCourt of Appeals of Maryland · 1936
  3. Latrobe v. TiernanHigh Court of Chancery of Maryland · 1851
  4. Zimmerman v. CoblentzCourt of Appeals of Maryland · 1936

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