Campbell v. Lowe
Court of Appeals of Maryland
Appeal from the Equity side of the Circuit Court for Frederick county: The bill in this case, filed by the appellant, alleges that the defendant Urith Lowe, and William Lowe, were seized and possessed of two lots of ground and premises in Frederick town which were conveyed to them as tenants in common by deed from Philip Reich and wife, dated the 28th of April 1846; that in 1837 a judgment was recoved against William Lowe, which was revived by scire facias in 1850, and a fi.…
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Appeal from the Equity side of the Circuit Court for Frederick county: The bill in this case, filed by the appellant, alleges that the defendant Urith Lowe, and William Lowe, were seized and possessed of two lots of ground and premises in Frederick town which were conveyed to them as tenants in common by deed from Philip Reich and wife, dated the 28th of April 1846; that in 1837 a judgment was recoved against William Lowe, which was revived by scire facias in 1850, and a fi. fa. issued thereon, under which the interest of William Lowe in the above property was sold at sheriff’s sale, to the…
1Opinion of the CourtTuck, J.
We need not express an opinion upon the propriety of the court’s refusal to remand the commission, at the instance of the appellant; because, although we may be satisfied that the court could have done no otherwise than dismiss the bill of complainant, in the condition of the cause, as presented for final decree, (Harris vs. Harris, 6 G. & J., 111,) yet, if it appears that the case cannot be determined on its merits, or that the purposes of justice will be advanced by permitting further proceedings, it must be remanded under the act of 1832, ch. 306, sec. 6. Chaney vs. Tipton, 11 G. & J.,…
2Cases cited9 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Wilkin v. WilkinNew York Court of Chancery · 1814
- Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
- Henderson v. MayhewCourt of Appeals of Maryland · 1844
- Alderson v. AmesCourt of Appeals of Maryland · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cooke v. HusbandsCourt of Appeals of Maryland · 1857
- Meyers v. East End Loan & Savings Ass'nCourt of Appeals of Maryland · 1922
- Willard v. WillardSupreme Court of the United States · 1892
- Kolker v. GornCourt of Appeals of Maryland · 1949
- Thruston v. MinkeCourt of Appeals of Maryland · 1870
14 more not listed; retrieve them via the Exa API.