Legal Opinion

Waters v. Duvall

Court of Appeals of Maryland

Decided December 15, 1839PublishedCited by 7 opinions

Appeal from the Court of Chancery. The bill in this cause was filed on the 3rd July 1835, by Charles Duvall, alleging that, on the 30th December 1826, he attended the sale of certain lands, &c., the property and estate of JYathan Waters, by the sheriff of Prince George’s county, and purchased the same for $1350: that said sale was made at the instance of Samuel Peach, who, at April term 1824, obtained a judgment against the said JYathan Waters for $7247 87, with interest…

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Appeal from the Court of Chancery. The bill in this cause was filed on the 3rd July 1835, by Charles Duvall, alleging that, on the 30th December 1826, he attended the sale of certain lands, &c., the property and estate of JYathan Waters, by the sheriff of Prince George’s county, and purchased the same for $1350: that said sale was made at the instance of Samuel Peach, who, at April term 1824, obtained a judgment against the said JYathan Waters for $7247 87, with interest from, See., upon which execution issued, and was levied upon the property of said JYathan Waters. That notwithstanding the…

1Opinion of the CourtStephen, J.

Under the views which we have taken of this case, we do-not deem it necessary to decide many of the questions which were argued by the counsel for the respective parties before this court. Whether the proof establishes the fraudulent character of the deeds, so far as the rights of creditors were concerned, and whether they ought to have been declared void absolutely and totally by the court below, or only partially, so far as the rights of the appellee were concerned; whether the appellee as a purchaser at the sheriff’s sale, was clothed with all the rights of the plaintiff as a creditor, and…

2Cited by7 opinions

  1. Martin G. Imbach, Inc. v. DeeganCourt of Appeals of Maryland · 1955
  2. Elliott v. KnottCourt of Appeals of Maryland · 1859
  3. Horsey v. KnowlesCourt of Appeals of Maryland · 1891
  4. Jarboe v. HallCourt of Appeals of Maryland · 1873
  5. Busey ex rel. Hilleary v. TuckCourt of Appeals of Maryland · 1877

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