Albert v. Winn
Court of Appeals of Maryland
Appeal from the Court of Chancery. This appeal was taken from a decision of the chancellor, overruling the claim of the appellants to a preference in the distribution of the proceeds of the sale of “The Wheatfield Inn,” reported in 2 Md. Ch. Decisions, 169. Other decisions made by the chancellor and the Court of Appeals, on questions arising in the earlier stages of the cause, are reported in 2 Md. Ch..
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Appeal from the Court of Chancery. This appeal was taken from a decision of the chancellor, overruling the claim of the appellants to a preference in the distribution of the proceeds of the sale of “The Wheatfield Inn,” reported in 2 Md. Ch. Decisions, 169. Other decisions made by the chancellor and the Court of Appeals, on questions arising in the earlier stages of the cause, are reported in 2 Md. Ch.. Decisions, 42, and 7 Gill, 447. In those cases, as well as in the opinion of this court in the present case, the facts of the case will be found fully stated. The Court of Appeals decided that…
1Opinion of the CourtEccleston, J.
By the report of this cause in 7 Gill, 446, it appears that the order of the chancellor continuing the injunction was affirmed by the Court of Appeals.
Upon a subsequent hearing in chancery, at March term 1851, the chancellor filed an opinion in which he says: “In one of the accounts accompanying the report, the whole of the net proceeds of the ‘ Wheat field Inn’ has been assigned to William J. Albert and wife, in part payment of their claim. No. 26, and the propriety of this appropriation is the principal question now to be decided.”
The claim to a preference upon this fund is based on a…
2Cases cited4 opinions
- Reade v. LivingstonNew York Court of Chancery · 1818
- Clabaugh v. ByerlyCourt of Appeals of Maryland · 1847
- Worthington v. ShipleyCourt of Appeals of Maryland · 1847
- Albert v. WinnCourt of Appeals of Maryland · 1849
3Cited by7 opinions
- Trossbach v. TrossbachCourt of Appeals of Maryland · 1945
- Mills v. MatthewsCourt of Appeals of Maryland · 1854
- Schroeder v. LoeberCourt of Appeals of Maryland · 1892
- Frazer v. AndrewsSupreme Court of Iowa · 1907
- Kiser v. EberlyCourt of Appeals of Maryland · 1952
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