Clary v. Grimes
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 22nd day of March, 1833, Nathaniel Clary filed his bill on the equity side of Baltimore county court, alleging, that Henry Howard of John, was on the 18th October, 1832, seized in fee of a part of a tract of land called Head Quarters, as described in the bill of complaint, and that he agreed with Philemon Welsh for the sale thereof, gave and delivered him his bond of conveyance, binding himself upon the payment of one hundred and…
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Appeal from the Court of Chancery. On the 22nd day of March, 1833, Nathaniel Clary filed his bill on the equity side of Baltimore county court, alleging, that Henry Howard of John, was on the 18th October, 1832, seized in fee of a part of a tract of land called Head Quarters, as described in the bill of complaint, and that he agreed with Philemon Welsh for the sale thereof, gave and delivered him his bond of conveyance, binding himself upon the payment of one hundred and fifty dollars to him Henry, before the 10th March, 1833, to make a good and sufficient deed of all his right, title and…
1Opinion of the CourtArcher, J.
As the commission ex parte under the interlocutory decree was ordered and issued before Grimes was ¡made a party to the proceedings, we think the objection was well taken to the admissibility of the evidence against Grimes.
But we have, notwithstanding, examined the merits of the case upon the testimony taken under the commission, and we have arrived at the conclusion, that the complainant is not entitled to the relief he seeks. In this examination we have considered the declarations of Thomas, to whom the bond of conveyance from Howard was assigned, made before the erasure, and before…
2Cited by4 opinions
- Edes v. GareyCourt of Appeals of Maryland · 1877
- Buckner v. JonesCourt of Appeals of Maryland · 1929
- Keener v. KauffmanCourt of Appeals of Maryland · 1860
- Buckner v. JonesCourt of Appeals of Maryland · 1930