Tomlinson v. McKaig
Court of Appeals of Maryland
Appeal from the equity side of- Alleghany County Court. The bill in this cause was filed on the 25th July, 1839, by the devisees of Benjamin Tomlinson, deceased, against Gustavus Beall and wife, and other heirs-at-law of the said Benjamin; and Thomas J. McKaig.
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Appeal from the equity side of- Alleghany County Court. The bill in this cause was filed on the 25th July, 1839, by the devisees of Benjamin Tomlinson, deceased, against Gustavus Beall and wife, and other heirs-at-law of the said Benjamin; and Thomas J. McKaig. It alleged in substance, that upon a bill theretofore filed in Alleghany county court by the said Beall and wife, against Sampson Thistle and others, some of whom were infants, at April term, 1836, a decree was passed for the sale of all the real estate of which Jesse Tomlinson of Benjamin died seized, or to which he was in any wise…
1Opinion of the CourtArcher, C. J.
By the decree of Alleghany county court as a court of equity, passed on 30th October, 1836, certain lands in the proceedings mentioned were decreed to be sold. The trustee appointed to sell the same reported his sale to the court, which sale was ratified nisi, and at October term of said court was finally ratified and confirmed. The purchaser by his last will and testament devised the lands thus purchased to the complainants in this cause, as they allege, who pray that the trustee may be decreed to convey to the devisees under the will of the purchaser. The decree which it is thus proposed to…
2Cases cited2 opinions
- Bank of the United States v. RITCHIESupreme Court of the United States · 1834
- Norwood v. NorwoodCourt of Appeals of Maryland · 1806
3Cited by38 opinions
- Executors of Fooks v. GhingherCourt of Appeals of Maryland · 1937
- Bolgiano v. CookeCourt of Appeals of Maryland · 1863
- Hamilton v. TraberCourt of Appeals of Maryland · 1893
- James Clark Co. v. ColtonCourt of Appeals of Maryland · 1900
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
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