Legal Opinion

Kent v. O'Hara

Court of Appeals of Maryland

Decided December 15, 1835PublishedCited by 5 opinions

Appeal from the court of Chancery. On the 1st of February 1832, a bill was filed in the court of Chancery, by Robert Welch of Ben, a creditor, for the sale of the real estate of Samuel Harrison, deceased, for the payment of his debts, the personalty being insufficient for that purpose.

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Appeal from the court of Chancery. On the 1st of February 1832, a bill was filed in the court of Chancery, by Robert Welch of Ben, a creditor, for the sale of the real estate of Samuel Harrison, deceased, for the payment of his debts, the personalty being insufficient for that purpose. A decree passed accordingly on the 30th of March of the same year, appointing the appellee a trustee to make the sale, who on the 29th of May following, made his report thereof, which was finally ratified and confirmed on the 1st of April 1833. The case having been referred to the Auditor, that officer made his…

1Opinion of the Court

Buchanan, chief judge,

delivered the opinion of the court.

The case is strictly this. The defendant O’Hara, the administrator of the estate of Samuel Harrison, was appointed by the chancellor a trustee also, to sell the real estate of Harrison for the payment of his debts, whose sale being ratified, the auditor stated an account, distributing the funds in the hands of O’Hara among certain of the creditors, but omitting with others, the claim of the appellant, which had been filed in the case, and to which he objected in his report for the want of proof. That report was ratified by the…

2Cited by5 opinions

  1. Ohio Life Ins. & Trust Co. v. Winn & RossHigh Court of Chancery of Maryland · 1849
  2. Price v. Merchants' BankCourt of Appeals of Maryland · 1868
  3. Whelan v. CookCourt of Appeals of Maryland · 1868
  4. Simmons v. TongueHigh Court of Chancery of Maryland · 1826
  5. White v. Okisko Co.High Court of Chancery of Maryland · 1852

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