Baumgartner v. Haas
Court of Appeals of Maryland
Appeal from the Circuit Court of Baltimore City. This suit was brought by the appellee against Mary E. Baumgartner, administratrix of Frederick C. Baumgartner, deceased, and Henry Gunther. Pending the suit, Henry Gunther died, and Elizabeth Gunther, his widow, was appointed his administratrix, and as such was made a party defendant to the suit.
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Appeal from the Circuit Court of Baltimore City. This suit was brought by the appellee against Mary E. Baumgartner, administratrix of Frederick C. Baumgartner, deceased, and Henry Gunther. Pending the suit, Henry Gunther died, and Elizabeth Gunther, his widow, was appointed his administratrix, and as such was made a party defendant to the suit. This appeal was taken from an order of the Court below, overruling exceptions to certain accounts of the Auditor and finally ratifying said accounts. Tlie accounts so ratified were stated on the theory that Gunther in taking possession of the property…
1Opinion of the CourtStone, J.
The principal question in this case is whether Gunther, one of the defendants, shall be held liable as executor de son tort. The facts necessary for us to notice are these:
A certain Frederick C. Baumgartner, now deceased, in his life-time executed several bills of sale, absolute on their face, to the defendant, Henry Gunther, who was his father-in-la wu These bills of sale, among other things, included fifty cowts, which were in the possession of Frederick C. Baumgartner at the time of his death.
*34Immediately upon the death of Frederick C. Baumgartner, Gunther took possession of these cows and…
2Cases cited1 opinion
- Cross v. McClenahanCourt of Appeals of Maryland · 1880
3Cited by4 opinions
- Cover v. TaliaferroCourt of Appeals of Maryland · 1923
- Clabburn v. PhillipsMassachusetts Supreme Judicial Court · 1923
- Safe Deposit & Trust Co. v. CoyleCourt of Appeals of Maryland · 1918
- Kenly v. Huntingdon Building Ass'nCourt of Appeals of Maryland · 1934