Nutwell v. Nutwell
Court of Appeals of Maryland
Appeal from the Circuit Court of Anne Arundel County, in Equity. On the 10th of March, 1871, John E. Hurst and others, creditors of a certain John S. E. Nutwell, of Anne Arundel County, deceased, filed a creditors’ bill for the sale of the 'realty of the said Nutwell, to pay his debts. The administrators and heirs-at-law of the deceased were made parties defendants- to the suit.
Read the full summary
Appeal from the Circuit Court of Anne Arundel County, in Equity. On the 10th of March, 1871, John E. Hurst and others, creditors of a certain John S. E. Nutwell, of Anne Arundel County, deceased, filed a creditors’ bill for the sale of the 'realty of the said Nutwell, to pay his debts. The administrators and heirs-at-law of the deceased were made parties defendants- to the suit. A decree for the sale of the realty was passed, and Frank H. Stockett appointed trustee, who made the sale and returned George W. Nutwell as the purchaser. No cause to the contrary having been shown, the sale was…
1Opinion of the CourtAlvey, J.
By a fair and liberal construction of the Act of 1864, ch. 283, it would seem to be clear that the proceedings authorized hy that Act, where the sale has been made under a decree of a Court of equity, may be taken in the cause in which the decree was passed ; and that a separate and independent proceeding at law is not, in such case, necessary or proper. Such proceeding, as to sales under decrees, is but a substitute for the less summary proceeding previously resorted to by purchasers, to obtain possession of land purchased under decrees ; but the Act does not in any manner lessen or affect…
2Cases cited1 opinion
- Cooke v. BriceCourt of Appeals of Maryland · 1863
3Cited by3 opinions
- Schaefer v. Amicable Permanent Land & Loan Co.Court of Appeals of Maryland · 1880
- Seek v. WintersCourt of Appeals of Maryland · 1974
- Zeller v. SilvermanCourt of Appeals of Maryland · 1923