Fitzimmer v. Redgate

Decided October 15, 1793

Court of Appeals of Maryland · decided 1793-10-15

<p>THE act of 1785, c. 80. says, “no creditor shall be entitled to any priority,” and directs the executor to advertise in all the places within this or any other of the United States, where any creditors of the deceased are supposed to reside, for all creditors to appear, &c.</p>

Decided 1793-10-15

¶1The clause then directs that there shall be a division of the assets in his hands equally between all creditors without priority or preference.

¶2 *1781. It was clearly the intention of the act to put all the citizens of the United States on the same footing.

¶32. Let the intention be what it may, it must be collected from the act itself, and the words of it are positive; there is no room for interpretation.

¶4See Powell on Powers. The confederation and the constitution of the United States, See also the court’s opinion at large in the case of Murray & Sansom v. Catharine Ridley, Adm’x, October term, 1793.