Butler v. State ex rel. Contee
Court of Appeals of Maryland
Appeal from Prince George’s County Court. This was an action of Debt instituted by the appellee, against the appellants, and one E. M. Dorsey, on the 30th of July, 1831, on a bond, bearing date the 7th of August, 1830, in the penalty of $5000, with the following recital and condition.
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Appeal from Prince George’s County Court. This was an action of Debt instituted by the appellee, against the appellants, and one E. M. Dorsey, on the 30th of July, 1831, on a bond, bearing date the 7th of August, 1830, in the penalty of $5000, with the following recital and condition. “Whereas by a decree of Prince George’s county court, bearing date the 27th day of July, 1830, the said Edwin M. Dorsey was appointed trustee, to sell certain real estate, the property of a certain Walter B. Brooke, contained in a mortgage from him, to a certain Lucy S. Brooke, for the purpose of paying the said…
1Opinion of the CourtDorsey, J.
The court below could not have done otherwise, since the act of assembly of 1825, than reject the appellant’s prayer, in their first bill of exceptions; it being a general prayer, that the plaintiff was not entitled to recover. But having proceeded at some length to express their opinion, upon the effect of producing a certified copy of the bond, on the prayer of oyer by the appellants, it is alleged that the plaintiff, in his declaration, having made profert of the original bond, he is therefore bound to produce it, on the prayer of oyer, and on the trial of non est factum,and that the court…
2Cited by2 opinions
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