Legal Opinion

Schaferman v. O'Brien

Court of Appeals of Maryland

Decided April 22, 1868PublishedCited by 25 opinions

Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by "William O’Brien, on the 4th of December, 1857, to set aside a deed from C. Leiman to Harman Sehaferman, dated 30th of September, 1852; it alleges that Leiman being indebted to one R. W. Pendleton, on the 18th of September, 1852, was sued by him on the 25th of October, 1852, and judgment recovered on the 9th of June, 1853; this judgment the complainant alleged he bought on the 1st of…

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Appeal from the Circuit Court of Baltimore City. The bill in this case was filed by "William O’Brien, on the 4th of December, 1857, to set aside a deed from C. Leiman to Harman Sehaferman, dated 30th of September, 1852; it alleges that Leiman being indebted to one R. W. Pendleton, on the 18th of September, 1852, was sued by him on the 25th of October, 1852, and judgment recovered on the 9th of June, 1853; this judgment the complainant alleged he bought on the 1st of December, 1857. That Leiman by deed dated the 30th of September, 1852, and duly recorded within six months, conveyed the…

1Opinion of the CourtStewart, J.

Several preliminary propositions discussed by the respective counsel in this case, will be disposed of before we determine the main question — the character and purport of the deed of the 30th of September, 1852, from Leiman to Schaferman. The plea of limitations having been interposed, was urged against the demand of the complainant, but we think it is not applicable under the circumstances of this case. In McDowell vs. Goldsmith, 24 Md. Rep., 214, it was decided that. *573the confession of a judgment, by a fraudulent grantor, or his administrator, after the execution of the deed, would not…

2Cases cited6 opinions

  1. Sedgwick v. . StantonNew York Court of Appeals · 1856
  2. Feigley v. FeigleyCourt of Appeals of Maryland · 1855
  3. Williams v. BanksCourt of Appeals of Maryland · 1857
  4. Gardner v. LewisCourt of Appeals of Maryland · 1848
  5. McDowell v. GoldsmithCourt of Appeals of Maryland · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Peck v. HeurichSupreme Court of the United States · 1897
  2. Weaver v. LeimanCourt of Appeals of Maryland · 1880
  3. Son v. Margolius, Mallios, Davis, Rider & TomarCourt of Appeals of Maryland · 1998
  4. Accrued Financial Services, Inc. v. Prime Retail, Inc.Court of Appeals for the Fourth Circuit · 2002
  5. Drury v. State Capital Bank of Eastern Shore Trust Co.Court of Appeals of Maryland · 1932

20 more not listed; retrieve them via the Exa API.

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