Berry v. Pierson
Court of Appeals of Maryland
Appeal from the Court of Chancery. On the 25th February 1835, the appellees filed their bill against John T. Berry, Deborah Waring, William Edmonds and Rebecca his wife, John E. Berry, Otho B. Beall and Priscilla Waring, alleging that on or about the 1st July 1826, a certain Benjamin Berry, late of, &c., (who has since departed this life,) the grand-father of your oratrix, being seized in fee simple of a certain tract, parts of tracts or parcels of land, with the…
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Appeal from the Court of Chancery. On the 25th February 1835, the appellees filed their bill against John T. Berry, Deborah Waring, William Edmonds and Rebecca his wife, John E. Berry, Otho B. Beall and Priscilla Waring, alleging that on or about the 1st July 1826, a certain Benjamin Berry, late of, &c., (who has since departed this life,) the grand-father of your oratrix, being seized in fee simple of a certain tract, parts of tracts or parcels of land, with the appurtenances, situate, lying and being in Prince George's county aforesaid, commonly called “Good Luck," containing, or supposed…
1Opinion of the CourtArcher, J.
Exceptions, in pursuance of the act of 1832, ch. 302, have been taken to the sufficiency of the averments in the bill, to charge John E. Berry, the present appellant, with the sum decreed against him.
*247The questions, therefore, which have been raised in this court against the sufficiency of the bill, are open for our consideration.
The bill and its amendment have been filed manifestly with the design of compelling the specific execution oí a contract, in obtaining from John T. Berry the balance of the purchase money due from him for the purchase of a tract of land from Benjamin Berry. There is…
2Cited by3 opinions
- Glenn v. CuttleSupreme Court of Pennsylvania · 1854
- Kunkel v. MarkellCourt of Appeals of Maryland · 1867
- Downey v. GarardSupreme Court of Pennsylvania · 1854