Legal Opinion

Ellicott v. Welch

High Court of Chancery of Maryland

Decided June 3, 1828PublishedCited by 1 opinion

This bill was filed on the 7th of November, 1825, by George Ellicott against Joshua Warfield and Rachel Welch the administrators, and Derastus Welch, John Welch, JYicholas Welch, Rachel Welch and Howard Welch, the infant heirs of the late Nicholas Welch, and Warner Welch, with whom the administratrix Rachel had intermarried.

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This bill was filed on the 7th of November, 1825, by George Ellicott against Joshua Warfield and Rachel Welch the administrators, and Derastus Welch, John Welch, JYicholas Welch, Rachel Welch and Howard Welch, the infant heirs of the late Nicholas Welch, and Warner Welch, with whom the administratrix Rachel had intermarried. The bill states, that the plaintiff sold a parcel of land to John Welch ; which, according to the agreement entered into between them, was, when fully paid for, to be legally conveyed to him; that soon after entering into this agreement, John Welch assigned his interest…

1Opinion of the Court

Bland, Chancellor.

The petition of Warner Welch and Rachel his wife having been submitted without argument, the proceedings were read and considered.

The object of the bill is to have the land sold for the payment of the purchase money due to the plaintiff; his claim therefore carries with it an equitable lien upon the land sold, which entitles him to a preference in satisfaction from the proceeds of the sale over all others; and consequently, the petitioner Rachel, according to the act of assembly, (a) can only be endowed of the equitable interest of her late husband, without prejudice to the…

2Cases cited1 opinion

  1. Gaither & Warfield v. Welch's EstateCourt of Appeals of Maryland · 1831

3Cited by1 opinion

  1. Love v. KeowneTexas Supreme Court · 1882

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