Mealey v. Page
Court of Appeals of Maryland
Appeal from the Orphans’ Court of Frederick County. The appellee, as executor of the last will and testament of Dr. William Tyler, deceased, in pursuance of the power contained in the will, and *by virtue of an order of the Orphans’ Court of Frederick county, offered at public sale certain real estate of the decedent.
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Appeal from the Orphans’ Court of Frederick County. The appellee, as executor of the last will and testament of Dr. William Tyler, deceased, in pursuance of the power contained in the will, and *by virtue of an order of the Orphans’ Court of Frederick county, offered at public sale certain real estate of the decedent. The appellant, was the highest bidder for a tract called “ Long Acre,” containing seventy-five acres, and the same was knocked down to him at the price of $121.50 per acre; the whole purchase money amounting to $9,112.50. The terms of sale were “ one-third cash, the residue in…
1Opinion of the CourtAlvey, J.
In this case, the original sale having been made by the executor, under and by virtue of a power in the will of the testator, and the purchaser having signed a written memorandum of sale, whereby he agreed and bound himself to comply with the terms of sale upon the ratification thereof by the Orphans' Court; and the sale having been reported and finally ratified, and the purchaser making default in complying with the terms of sale, whereupon the Court, in pursuance of the provisions of the Act of 1870, chapter 82, ordered the property to be re-sold at the risk of the defaulting purchaser, and…
2Cases cited3 opinions
- Farmers & Planters Bank v. MartinCourt of Appeals of Maryland · 1855
- Stephens v. MagruderCourt of Appeals of Maryland · 1869
- Gordon v. MatthewsCourt of Appeals of Maryland · 1869
3Cited by7 opinions
- Simard v. WhiteCourt of Appeals of Maryland · 2004
- White v. SimardCourt of Special Appeals of Maryland · 2003
- Mizen v. ThomasCourt of Appeals of Maryland · 1929
- Early v. Dorsett, Harris & Co.Court of Appeals of Maryland · 1877
- McCullough v. PierceCourt of Appeals of Maryland · 1881
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