Dorsey v. Hammond
High Court of Chancery of Maryland
This was a creditors’ bill filed on the 13th of December, 1826, by John W. Dorsey against Rezin Hammond, the executor, and Denton Hammond, Matthias Hammond, and Caroline B. Hammond, infants and devisees of the late Matthias Hammond.
Read the full summary
This was a creditors’ bill filed on the 13th of December, 1826, by John W. Dorsey against Rezin Hammond, the executor, and Denton Hammond, Matthias Hammond, and Caroline B. Hammond, infants and devisees of the late Matthias Hammond. The bill states, that the deceased being indebted to the plaintiff, he had brought suit and recovered judgment against his executor the defendant Rezin Hammond, from whom he,-the plaintiff, had received payments, leaving a balance due him of $3182 49 ; that the testator had died seized of a large real estate which he had devised to the infant defendants ; and,…
1Opinion of the Court
Bland, Chancellor.
This case having been submitted, in relation to the claims reported by the auditor as No. 3, 4, and 5, on the remarks in writing of the solicitor of those claimants, the matter has been maturely considered.
It has been insisted, that the auditor had no right to make such objections, as those set forth in his report, to any claim. I do not recollect ever to have met with an instance in which an auditor’s report has been opposed upon similar grounds before. I deem it therefore proper to say something upon this subject, not because I entertain any doubt, or perceive any…
2Cases cited2 opinions
- Gaither & Warfield v. Welch's EstateCourt of Appeals of Maryland · 1831
- Ruggles & Hooker v. ShermanNew York Supreme Court · 1817