Legal Opinion

Miller v. Allison

Court of Appeals of Maryland

Decided June 15, 1836PublishedCited by 3 opinions

Appeal from the court of Chancery. On the 26lh of August, 1833, the appellants filed their bill in the court of Chancery, against Jeremiah L. Boyd, Charles Ridgely, and others, alleging, that in the year, 1830, the defendant, Boyd, purchased of the defendant, Ridgely, certain real estate in the city of Annapolis, and paid for the same? but without obtaining the legal title.

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Appeal from the court of Chancery. On the 26lh of August, 1833, the appellants filed their bill in the court of Chancery, against Jeremiah L. Boyd, Charles Ridgely, and others, alleging, that in the year, 1830, the defendant, Boyd, purchased of the defendant, Ridgely, certain real estate in the city of Annapolis, and paid for the same? but without obtaining the legal title. That in 1831, the complainants obtained a judgment in Anne Arundel county court, against Boyd, upon which in 1832, they caused an attachment to issue, and to be.laid upon the same property? and that a judgment of…

1Opinion of the CourtDorsey, Judge

A preliminary question in this case presents itself for our determination. Are we at liberty to consider the exception now taken to the auditor’s account of the 19th of March, 1835, no exceptions to that account having been filed in the court of Chancery ? The 2d section of the act of 1825, ch. 117, prohibits in appeals from courts of equity, the reversal of any decree, upon any exception to any account, unless it shall appear by the record, that such exception was taken or made in the court from whose decree such appeal shall be made. It is true, exceptions were taken below to the account…

2Cited by3 opinions

  1. General Insurance v. United States InsuranceCourt of Appeals of Maryland · 1857
  2. Hall v. JonesCourt of Appeals of Maryland · 1864
  3. Watkins v. BevansCourt of Appeals of Maryland · 1854

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