Legal Opinion

Barrick v. Horner

Court of Appeals of Maryland

Decided November 23, 1893PublishedCited by 25 opinions

Appeal from tbe Circuit Court for Carroll County, in Equity. This appeal was taken from an order of the lower Court, (Jones, J.,) overruling exceptions to a sale made and reported by Albert N. Horner, sole acting executor of Alexander H. Horner, deceased, and finally ratifying said sale. The case is stated in the opinion of this Court.

1Opinion of the CourtPage, J.

The questions involved in this case arise upon exceptions filed by the representatives of John W. Barrick, deceased, to a sale made by Albert N. Horner, sole executor of Alexander H. Horner, under a power con*255tained in a mortgage from the said Barrick to William Brosius. The mortgage was executed on the twenty-eighth day of March, 1873, to secure an indebtedness from the former to the latter. It contained the following power: — “In trust, and the said Alexander H. Horner, his heirs, executors and administrators and assigns, or Frank H. Horner, their duly constituted attorney or agent, are…

2Cases cited14 opinions

  1. State v. BrownCourt of Appeals of Maryland · 1885
  2. Tomlinson v. McKaigCourt of Appeals of Maryland · 1847
  3. Whitehurst v. RogersCourt of Appeals of Maryland · 1873
  4. Berry ex rel. Roberts v. SkinnerCourt of Appeals of Maryland · 1869
  5. Cockey v. ColeCourt of Appeals of Maryland · 1868

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3Cited by25 opinions

  1. Nationstar Mortgage v. KempCourt of Appeals of Maryland · 2021
  2. Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
  3. Riesberg v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1962
  4. Christopher v. SiskCourt of Appeals of Maryland · 1918
  5. Hans v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1940

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