Volume 7 — Gill's Maryland Reports

Mary’s county court. This was an action of replevin, brought on the 15th July 1845, by the appellee against the appellant, for negro man Sandy, aged about twenty-two years, and negro girl Susan, aged about twelve years. Pleas, non cepil, and property in defendant, and property in a stranger. Replication and issues.

This was an action of assumpsit, commenced on the- 1st August 1844, by E. S. Baldwin, (since deceased,) against the appellee. The issue was joined on the plea of non assumpsit. The verdict was for the defendant.

On the 16th May 1846, the appellants offered for probate the following will: “In the name of God, Amen, I, John Townshend, of, &c., being, &c., do make and publish tbis my last will and testament, that is to say : “First, and principally, I commit my soul in the hands of Almighty God, and my body to the earth, to be decently buried on the land I bought of Otlm B. Beall, at the discretion of my executors hereinafter named, and request that no funeral sermon be preached at my…

This was an action of debt, brought on the 30th June 1846, by the appellee against the appellant. The defendants pleaded to the plaintiff’s declaration, and he rejoined, assigning, breaches of the condition of the bond declared on. The defendants then demurred generally, in which the plaintiff joined. The county court adjudged' the replication of the plaintiff, good and sufficient in law to maintain the action, from which the defendants appealed to this court.

This was an action of debt, brought on the 21st March 1846, by the appellant against the appellee, on the joint and several bond of William B. Chew, W. B-. C. Worthington, and Robert W. Bowie, with condition, that W. B. Chew would pay Edward Eversfield $1000, with interest, on or before 1st June 1843. The bond was assigned, under seal, by E. E. to W. B. C. W., one of the securities, for value of him received, on the 14th August 1844.

This was an action of assumpsit, brought on the 18th March 1845, by the appellee against the appellant. The defendant below pleaded the general issue and the act of limitations. The plaintiff to maintain the issues on her part, offered in evidence two instruments of writing, admitted to have been signed by the defendant, the first of which is as follows: “Baltimore, March 22nd, 1838.

This was an action of debt, brought by the appellants against the appellee, as surviving partner of James M. Dightner, for $401.2.011-; in tbe debet and detinet. Tbe plaintiffs counted on a judgment obtained in tbe State of Alabama, on the 27th July 1840. against the appellee and bis deceased partner, for $3995.95 damages, with interest, and $16.6|- costs. The defendant pleaded nil debet, and actio non accrevit infra tres annos.

<p>A father died in 1810, leaving a widow and three children. He was owner of freehold and leasehold property. The widow received the rents and profits, educated the children, and, in 181G, married again, settling her portion of the estate upon herself for life, with remainder to the three children. In 1821, she settled her final administration account, and passed- the leasehold titles to the children. In 1824, one of the daughters married, and, with her husband, continued to live with the mother, as before. In 1831, all the parties interested united with one of the children, to sell a portion of his father’s estate. He received the purchase money, and released his interest in the residue to his two sisters. The estate was worth about $200 per annum. In 1842, the married sister furnished an account, admitting, in 1839, ’40, and ’41, the payment to her of sums of money monthly, accompanied with a letter from her, stating, that “in 1839, it was agreed, I should1 receive a part of the rent out of my father’s estate.” In that account, she claimed a small balance, and offered to pay her proportion of taxes. Held, upon a bill filed in 1842, for a partition and sale, that under such circumstances, the widow and mother, with the consent and acquiescence of the children, received and distributed the rents of the property up to 1839; that she was not intruder into, nor a voluntary trustee over the estate.</p> <p>That in such case the land being sold, and account of rents taken, the allowance to the widow, in lieu of dower out of her husband’s freehold estate, was not to he postponed to the claim of the children for rents and profits.</p> <p>That the letter written by the married sister to her mother, in 1842, must be presumed to be written a3 the agent of her husband, and with his approbation and consent.</p> <p>A memorandum filed in a cause, objecting to the competency of testimony, not signed by counsel, is not an exoeptipn within the act of 1832, ch. 302, sec. 5.</p> <p>Where equity and law have concurrent jurisdiction over the same subject matter, the plea of limitations is equally available in both tribunals. In such case, equity follows the law.</p> <p>Long acquiescence and lapse of time in obedience to the statute of limitations, is a bar to a bill for an account.</p>

This was an action of replevin, brought on the 7th January 1847, by the appellants against the appellee, to recover two negro slaves, Tom and Aaron, the property of Mary Willing, in her lifetime. The appellant pleaded non ccpit, property in himself, in a stranger, and also limitations. On these pleas issues were joined. The verdict was for the plaintiff.

On the 17th March 1840, the appellees filed their petition^ alleging, that Martha Riley, sister of the petitioners, died in' the year 1838, having previously disposed of a portion of her estate, by last will, of which the appellant was appointed executor; that M. R. owned a very large amount of personal property at the time of her death, over and above that which was disposed of by her will, and of which she died intestate; that the petitioners and her legal heirs, are…

This was an action of assumpsit, brought on the 16th January 1844, by the appellee against the appellants. The defendants pleaded non assumpsit and limitations, on which issues were joined. At the trial of this cause, the plaintiff offered in evidence the following promissory note: “Ellicotts Mills, 5 Mo. 29th, 1S38. Twelve months after date, we promise to pay to Henry Nichols, thirteen hundred dollars, at six per cent, interest, for value received. $1300.

The bill in this cause was filed on the 14th August 1846, by Francis Dodge, and alleged, that Abraham Barnes being indebted unto divers persons, and many judgments having been recovered against him in Washington county court, as principa.! debtor, and Melchor B. Mason and John Thompson Mason, as his sureties; that the said Abraham Barnes and wife, and the said Melchor B. and John T., by deed, dated 11th October 1839, conveyed to David G. Yost, (since deceased,) and William…

This cause was before this court in 1841, (see 12 G. if J., 244.) The appeal was then taken from the refusal of the chancellor, (Bland,) upon bill and answer to dissolve the injunction, which the present appellee, Thomas Hope, had obtained upon his bill. After the affirmance of the chancellor’s order upon that appeal, the cause ivas remanded, proof taken, and the injunction made perpetual upon the final hearing by ( Bland) chancellor.

The bill in this case was filed on the 24th June 1846, by the appellant against the appellee.

On the 20th of October 1846, John Spear Smith applied to the commissioners of insolvent debtors of the city and county of Baltimore, for the benefit of the insolvent laws. He was granted a final discharge in March 1847, having reported among his creditors. “Marcus Dennison for $15,000, secured by mortgage, part, if not all, in dispute,” and Margaret and Mary Smith, $20,000. John Glenn was appointed his permanent trustee, and gave an approved bond on tho 20th of October 1846.

An action of assumpsit was instituted, in Allegany county court at April term 1846, by James C. Achison, the appellee, who was duly appointed the superintendent of that part of the United States road within the limits of the State of Maryland, by virtue of the act of 1831, ch. 85, passed on the 23rd of January 1832, and the several supplements thereto, to recover the sum of $716, for tolls due said superintendent for passengers travelling in the stage coaches of the…

On the 14th of May 1838, John J. Briesch, the appellant, filed his bill on the equity side of Washington county court, charging, that on the 25th of June 182T, he executed a single bill, payable to a certain Ann Maria Kreps, the wife of a certain William Kreps, for $200, loaned him by said William Kreps.

On the 16th of June 1846, the appellee, as administrator d. b. n., c. t. a. of Sarah Lamar, deceased, instituted an action of replevin in Allegany county court, against the appellant, to recover a certain negro slave, named Ellen, and her two children, described in the writ. The defendant pleaded property in himself.

<p>The act of 1833, ch, 224, authorising the county courts to extend the term of service of slaves for a term of years, in certain cases, and its supplement, the act of 1345, clu 105, conferring the same power upon the several or» phans courts of the State, give no jurisdiction, either to the county courts or the orphans courts, unless the master, mistress, or agent, resides in the county where the application is made.</p> <p>The object of these aets, which are to be construed together, was to give to each of these courts concurrent jurisdiction over tho subject matter, when the parties claiming, or their agents, reside within the limits of the county. Any other construction would conflict with the whole judicial system of the Stats.</p> <p>The appellee applied to the orphans court of Washington county, under the act of 1845, to extend the term of service of the appellant, who, he alleged, was sold to him as a slave for a teim of years, to expire on the 1st of January 1844, and, in support of his title, offered a bill of sale for such term, manumitting’ tho appellant ¿hereafter, which was not recordod. Held:</p> <p>That the appellee having treated the appellant as a freeman in the court below, he could not, upon an appeal to this court, turn round and impeach the instrument of his own title, on the ground of its defectivo execution and want of record, and thereby make the appellant a slave, in order to deprive him of a legal standing in the appellate court.</p>

This was au action of assumpsit, brought by the appellees, as holders, against the appellant, as'endorser of the following bill of exchange: “$500. Hagerstown, July 23rd, 1844. Ninety days after date, pay to the order of Samuel Bell, five hundred dollars, value received, which place to account of— David Bell. To Geo.. Waters, Georgetown, D. C. Endorsed: Samuel Bell, Fred’k Bell. Pay to A. Suter, Esq., or order.

This was an action of ejectment, brought by the lessors of the appellant, in 1846, against the appellees, for a certain lot of ground situated in the town of Cumberland, and described in a plat of said town as “lot No. 280,” being part of a tract of land called “ Walnut Bottom. ” At the trial, the plaintiffs to support the issue on their part, offered in evidence the patent for the tract of land called “ Walnut Bottom,” granted to George Mason on the 25th of March 1756, and-…

Upon the application of the appellant, a writ of certiorari issued out of Baltimore county court, directed to Samuel D, Price and John Wise, two justices of Baltimore county, commanding them to bring before said court certain proceedings had before them, instituted by Margaret Parke, the appellee, against the appellant, under the act of 1793, ch. 43, for a forcible entry and detainer.

This was an action of assumpsit, instituted by Selby and Errickson, for the use of Williams, against Clayton, the appellee, to recover the value of certain goods sold by Selby and Errickson to the defendant. The pleas were: 1st. Non assumpsit. 2nd. Limitations. 3rd. Set-off. The plaintiffs joined issue upon the two first pleas, and pleaded limitations to the third, upon which the defendant joined issue. 1st Exception.

The proceedings upon the first appeal in this case are reported in 2 Gill, 163, Bell, et al., vs. Webb and Mong.

The appellees filed their petition in the orphans court of Baltimore county, on the 23rd of February 1846, alleging, that the appellant, as administrator of the estate of John G. Copes, deceased, had settled up said estate, and on the 17th of February 1846, had rendered to said court an account, whereby it appears that there remains in his hands, due said estate, the sum’of $2085;' arid alleges, that said Elizabeth is óné’of the distribútéés of said estáte, and is entitled…

The bill in this case was filed by the appellant against the appellees, on the 8th of May 1845; the allegations of which, with those of the answer, are fully stated in the opinion of this court. The injunction prayed by the bill,-was granted on the 28th of the same month. And after the coming, in of the answers, a commission was issued, under which testimony was taken; the effect of which is sufficiently stated- in the opinion.

Upon a bill filed by the Neptune Insurance Company, of Baltimore, the chancellor, on the 18th of May 1843, with the consent of parties, passed a decree for the sale of certain real estate of one Rebecca Dorsey, situated in Baltimore county, for payment of a mortgage debt due the complainants.

This was an action on the case instituted by the appellee, (the plaintiff below,) against the appellant, (the defendant below,) on the '17th of December, 1844, for words spoken by the latter, of and concerning the plaintiff in the way of his trade and business, as a house-carpenter and cabinet-maker, on the 14th of December, 1844.

The appellant executed a mortgage to the appellee, dated the 18th of March 1846, of certain real estate in the city of Baltimore, to secure the sum of $150, upon certain terms therein mentioned, and further reciting, that “to secure the punctual payment of said sum of money, according to the terms of the loan thereof, the said William W. Williams hereby consents and agrees, that at any time after the execution of these presents, a decree may be entered up for the sale of…

The original bill in this case was filed by Herman Stump, on the 24th of May 1834, against the appellees.

This was a bill of discovery under the act of 1847,. ch. 284, sec. 2, by the State, upon the suggestion of the commissioners of lotteries, against the appellant, filed on the 10th of April 1848, alleging, that the State, at the instance of the said lottery commissioners, had,, under the act of 1846, ch. 109, instituted before a justice of the peace, for the city of Baltimore, six separate actions of debt against the appellant, to recover the fines imposed by said act, for…

- The plaintiff in error, (the traverser below,) was- indicted under the act of 1847, ch. 193, for selling spirituous liquors on the Sabbath day, in the form following, to wit: “State of Maryland — City of Baltimore to wit: The jurors of the State of Maryland, for the body of the city of Baltimore, do, on their oaths, present, that Adam Bode, late of said city, yeoman, on the tenth day of September, in the year of our Lord eighteen hundred and forty-eight, the same day in…

The original bill in this cause, was filed on the 21st of July, 1843, by William Crook, the present appellee, against MeClellan, the appellant, and one Sophia Ducatel, administratix of Alexis A. Delmas, deceased, for the sale of certain real estate, in the city of Baltimore, mortgaged by said Delmas, in his life time, to one Elizabeth Taggart, who afterwards assigned the mortgage debt to the complainant.

This was an action of debt, brought on the 30th of June 1846, by the State, for the use of the appellees against the appellant, as principal, and John G. Chapman, as one of the sureties in a collector’s bond, dated 22nd of September 1838. Wheeler, the only party taken under the writ, (Chapman having been relumed, non est,) appeared and pleaded general performance.

The bill in this-case, was filed on the 21st of April 1841, by the appellee, against the appellants, alleging that Doctor David Davis, the father of the complainant, died in Cecil county in 1816, leaving a widow, Ann Davis, and complainant, his only child and heir at law, also a considerable personal estate, upon which one John Mercer administered;' that Ann, the widow and mother of the complainant, in the year 1820, intermarried with Franklin Betts, who was appointed…

A petition was filed in chancery, on the 14th .of September 1842, by Slalpr Brown, alleging the death of a certain Joseph England, of Cecil county, in 1828, seized of real and personal estate, leaving a last will and testament, duly executed on the 20th of October 1827; (a copy of which is exhibited with the petition,) of which the petitioner, together with Joseph Townsend and Jereop.iah Brown were appointed executors ; that his two co-executors have died, and that, although…

The bill in this case was filed by Jacob Byerly, (the appellee,) against the appellants, and Jacob Hipe and Henry H. Hoppe, on the 22nd of February 1841, for the sale of certain real estate mortgaged to the complainant by said Hupe.

The appellee in these causes, on the 23rd of June 1848, sued out of said county court, a writ of replevin, directed to the coroner of said county, commanding him to replevy certain goods and chattels, the property of the said Davis, in the possession of Robert Welch, of Ben., the appellant.

Appear.from the Court of Chancery. The appellees (the complainants below)’on the 2Sthof October, 1844, filed their bill on the equity side of Charles county court, by Allison Roberts\ their guardian' and next friend, against the- appellants and one Zachariah Dent, praying that certain conveyances which had been made by Dent to' the defendant, Priscilla Richards, might be set aside and vacated,, as fraudulent against his creditors.

This was an action of trover, instituted by the appellee, as permanent trustee of William Holton, Sen., on the 29th of July 1845, against the appellant, to recover certain goods and promissory notes, the property of Holton, the insolvent. The defendant pleaded not guilty, upon which issue was joined. At the trial, the plaintiff gave in evidence, the record of Holton’s application, for the benefit of the insolvent laws.

This was an action of debt, brought by the appellants againsL the appellees, to recover the sum of §375, the. amount of three quarters of a year’s rent, accruing under a lease, of a certain quarry, from Nicholas Owings, under whom the plaintiffs claim, to the appellees, dated the 11th of June 1840. This lease, upon which the plaintiffs counted, will be found, set out in full, in the case of Owings and Griffith vs. Emery and Gault, 6 Gill, 261.

This was- an- attachment issued by the appellee against the appellants,- on the 11th- of September 1841 ¡-and laid upon certain real… Held: whatever effect, the-record would: have in the State from whence it is taken, it must have the same faith-, credit and effect in every other court, so that if it have-the faith-, credit and effect of evidence of the highest nature in the-courtfrom whence it is taken, it must have precisely the same- faith-, credit and effect in every…

The original bill in this case, was filed on the 7th of July 1834, by the appellant, Stewart, as permanent trustee of John L. Sf William L. Hammond, insolvent debtors, against the Union Bank of Maryland.

On the 14th of September 1846, Johns Hopkins and others, creditors of Samuel Jones, filed a bill in chancery against said Jones, the appellants, Albert and wife, and one- Michael S. Norman, alleging that Jones who had been trading under the name of Talbot Jones Sp Co., was indebted to the complainants and others, in the large sum of $200,000, whilst the whole of his assets did not amount to more than $100,000; that being thus hopelessly insolvent,-and knowing himself to be…

The bill in this case, was filed on the 14th of September 1843, by the appellants, against the appellees, alleging that on the 25th of July 1836, Beale, Cornelius H. and Caleb D. Owings, the owners of uFox Rock Quarry” in said county, being desirous to construct a private road from said Quarry, to the line of the B. Sf O. Rail Road, entered into a contract in relation to the construction thereof, with a certain Charles Wood, your orator Yager, and one Edward Green, the terms…