Barry v. Hoffman
Court of Appeals of Maryland
Appeal from Baltimore county court. This was a scire facias, sued out by the appellees in their own names, to revive a judgment which had been recovered by the Bank of Alexandria against the appellant. The writ recites the recovery of the judgment in Baltimore county court at its September term 1838, and states that it was assigned by the bank to Bernard Iiooe and others, and- by them to the plaintiffs in the writ.
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Appeal from Baltimore county court. This was a scire facias, sued out by the appellees in their own names, to revive a judgment which had been recovered by the Bank of Alexandria against the appellant. The writ recites the recovery of the judgment in Baltimore county court at its September term 1838, and states that it was assigned by the bank to Bernard Iiooe and others, and- by them to the plaintiffs in the writ. The defendant pleaded: — 1st. That the bank did not assign the judgment to or for the use of the plaintiffs, 2nd. That the plaintiffs were not at any time bona fide entitled, to-…
1Opinion of the CourtTuck, J.
It was necessary under the pleadings, for the plaintiffs to show that they were entitled to maintain the sci fa, as assign» ees of the judgment.
The first prayer asserts that they were not so entitled unless the jury should find that they had been designated, as trustees for the bank, in the manner therein stated. Several interesting questions were argued under this prayer, but we think one of them presented on the part of the appellees is conclusive against the propriety of granting the instruction. The first deed of trust provides that the grantees and their assigns shall convey the property…
2Cases cited6 opinions
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Stewart v. ReddittCourt of Appeals of Maryland · 1852
- Trasher v. EverhartCourt of Appeals of Maryland · 1831
- Glenn v. GroverCourt of Appeals of Maryland · 1852
- Grove v. BrienCourt of Appeals of Maryland · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Montgomery County Board of Education Ex Rel. Carrier Corp. v. Glassman Construction Co.Court of Appeals of Maryland · 1967
- Williams v. WoodsCourt of Appeals of Maryland · 1860
- Zulver Realty Co. v. SnyderCourt of Appeals of Maryland · 1948
- Henderson v. Mayor of Baltimore ex rel. EschbachCourt of Appeals of Maryland · 1855
- Davis v. HamblinCourt of Appeals of Maryland · 1879
8 more not listed; retrieve them via the Exa API.