2 Md. 294
Decided December 15, 1852
Court of Appeals of Maryland · decided 1852-12-15
This was an action of debt, instituted by the appellant, Whitehill, as guardian of Worman, against the appellee, upon the bond of his testator, who was appointed a trustee by Frederick county court, as a court of equity, for the sale of certain land. The declaration was for the penalty of the bond, and after plea of general performance, the plaintiff filed a replication assigning breaches.
Decided 1852-12-15
¶1delivered the opinion of the court.
¶2The only question for our consideration on this appeal, is, whether the breaches assigned in the replication entitle the plaintiff to maintain this suit.
¶3In the case of Scott vs. State, use of Ducker, decided at this term, we have said what the law requires in such cases. We consider the present case as within the principles there settled,, and that the replication is sufficient.
¶4Judgment reversed and procedendo awarded.