Kirby v. State ex rel. Pascault
Court of Appeals of Maryland
. Appeal from the Circuit Court for Talbot County. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered the following prayers: 1. The plaintiff prays the opinion of the Court, that if they find from the evidence, that after the 2nd day of June, 1876, Joseph V. B. Wright received from Colonel Hambleton, the sum of $2500.00, and the further sum of $1234.41, on account of the purchase money of the real estate mentioned in the…
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. Appeal from the Circuit Court for Talbot County. The case is stated in the opinion of the Court. Exceptions. — At the trial the plaintiff offered the following prayers: 1. The plaintiff prays the opinion of the Court, that if they find from the evidence, that after the 2nd day of June, 1876, Joseph V. B. Wright received from Colonel Hambleton, the sum of $2500.00, and the further sum of $1234.41, on account of the purchase money of the real estate mentioned in the proceedings, wherein Elizabeth Kennard was complainant, and John Outram and wife were respondents, then the defendants are…
1Opinion of the CourtBrent, J.
Among the assets left by Mrs. Elizabeth Kennard, was a mortgage due from John Outram and wife. Under the will of Mrs. Kennard, her son Philemon T. Kennard was appointed sole executor, and having qualified as such, he instituted proceedings in the Circuit Court for Talbot County for the foreclosure of this mortgage. A decree *390was passed for the sale of the mortgaged premises and Kennard was appointed trustee. He, however, died before any sale could be effected, and Joseph V. B. Wright, on the 5th of October, 1870, was appointed trustee in his place. Wright sold the property on the fifteenth of…
2Cases cited4 opinions
- Hanson v. WorthingtonCourt of Appeals of Maryland · 1858
- Watkins' Adm'rs v. State ex rel. ShawCourt of Appeals of Maryland · 1830
- Byrd v. State ex rel. StewartCourt of Appeals of Maryland · 1876
- Sparks v. WeedonCourt of Appeals of Maryland · 1864
3Cited by4 opinions
- MacBryde v. BurnettCourt of Appeals for the Fourth Circuit · 1942
- Kirby v. PascaultCourt of Appeals of Maryland · 1880
- United States v. MayDistrict of Columbia Court of Appeals · 1885
- Woodruff v. MutschlerNew Jersey Court of Chancery · 1881