Wyse v. Smith & Buchanan
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 15th of June, 1825, a bill was filed by the appellees, against the appellants, stating that on the 1st of June, 1811, a certain William Wyse, late of Baltimore county, deceased, was indebted to Smith and Buchanan, as cc-partners in trade, in the sum of $2737 48, for matters and articles properly chargeable in account.
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Appeal from the Court of Chancery. On the 15th of June, 1825, a bill was filed by the appellees, against the appellants, stating that on the 1st of June, 1811, a certain William Wyse, late of Baltimore county, deceased, was indebted to Smith and Buchanan, as cc-partners in trade, in the sum of $2737 48, for matters and articles properly chargeable in account. That being so indebted, the said Wyse departed this life in the year 1814, leaving several children, of whom some are minors, and that subsequently in the year 1820, the said Smith and Buchanan being indebted to John Tessier, in the sum…
1Opinion of the CourtMartin, J.
The bill in this case was filed to obtain a decree for the sale of the real and personal estate of William Wyse, deceased, to pay a debt originally due to Smith and Buchanan, and alleged to have been assigned by them to John Tessier.
The chancellor has not stated the grounds upon which he founded this decree, and upon a careful examination of the record, we cannot think the complainants are entitled to it.
The personal estate of a deceased debtor, is the natural fund for the payment of his debts, and must in ordinary cases, be first resorted to, by the creditor for the satisfaction of his claim.
2Cited by2 opinions
- Warfield v. OwensCourt of Appeals of Maryland · 1846
- Richardson v. PenicksCourt of Appeals for the D.C. Circuit · 1893