Stocket v. Holliday
Court of Appeals of Maryland
Appeal from the equity side of the Circuit Court for Anne Arundel county. The object of the bill in this case, filed by the appellants, creditors of Wm. S. Holliday, was to vacate a deed executed by Holliday to N. B. Worthington, in trust for the benefit of Caroline Holliday his wife and her children.
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Appeal from the equity side of the Circuit Court for Anne Arundel county. The object of the bill in this case, filed by the appellants, creditors of Wm. S. Holliday, was to vacate a deed executed by Holliday to N. B. Worthington, in trust for the benefit of Caroline Holliday his wife and her children. This deed dated the 17th of April 1852, states, as the consideration upon which it was executed, that: “Whereas the said William on or about the 24th of December 1847, purchased from a certain Thomas J. Brice and John Brice, a certain farm situated in the county aforesaid, known by the name of…
1Opinion of the CourtMason, J.
The case of Bowie vs. Stonestreet, 6 Md. Rep., 418, conclusively settles that a contract, which can be enforced in a court of equity, may be entered into between a husband and wife, for the transfer of property from the former to the latter, for a bona fide and valuable consideration.
The interest which Mrs. Holliday had in the mortgage, whether as respects her right of survivorship, or her equitable claim to be allowed a separate provision for her maintenance, was sufficient to form the basis or’ consideration for a contract with her husband, like that set out in the deed of trust, and which…
2Cases cited3 opinions
- Bowie v. StonestreetCourt of Appeals of Maryland · 1854
- Glenn v. GroverCourt of Appeals of Maryland · 1852
- Faringer v. RamsayCourt of Appeals of Maryland · 1852
3Cited by13 opinions
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- Kinsey v. DruryCourt of Appeals of Maryland · 1924
- Kuhn v. StansfieldCourt of Appeals of Maryland · 1868
- Crise v. SmithCourt of Appeals of Maryland · 1926
- Grover & Baker Sewing Machine Co. v. RadcliffCourt of Appeals of Maryland · 1885
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