clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 104   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

104 BURCH v. SCOTT.—1 BLAND.

All orders and decrees in Chancery may be altered, revised, or revoked
during the term at which they have been passed, on motion or petition;
but after the term, the party can only obtain relief by original bill or
bill of review. (6)

Relief against a decree obtained by fraud can only be obtained by original
bill, not by a mere bill of review.

A decretal order, in England, is most commonly that which is drawn up as
the substance of, and as preparatory to a final decree: and it may in some
respects be enforced as a final decree. Here no such decretal order is
ever made.

A bill of review lies after the decree is signed and enrolled, and it is con-
sidered as enrolled after it is signed by the Chancellor and filed by the
Register, (c)

Restrictive orders staying the Court's own decrees treated as injunctions.

A bill of review, or the like, does not of itself operate as a suspension of
the execution of the decree complained of.

When a bill may be taken pro confesso. (d)

It is stated in the bill, which was filed on the 14th of July, 1823,
that in the year 1803 Jesse Burch died intestate, and that admin-
istration on his personal estate was granted by the Orphans' Court
of Washington County, in the District of Columbia, to his widow,
Jane B«rch, who took possession of his personal estate accord-
ingly: among which personalty were three negro slaves, as men-
tioned in the inventory returned by her; that since the death of
the intestate, Jesse, those negroes had several children; that
* the administratrix, Jane Burch, having died intestate,
113 letters of administration on her personal estate were granted
by the Orphans' Court of Washington County, in the District of
Columbia, to Thomas Burch; and on the same day, and by the
same Court, administration de bonis non of the effects of the late
Jesse Burch, was granted to the same Thomas Burch; (c) that it
had not been found necessary to make sale of those negroes to pay
the debts of the late Jesse Burch; but, owing to the conduct of
one of the sureties in the administration bond, Kinsey Gittings,

(b) See Hollingsworth v. McDonald, 2 H. & J. 230, note.

(c) Equity Rule, 50, provides that all final decrees, and orders in the nature
of final decrees, shall be considered as enrolled from and after the expira-
tion of thirty days from the date of the same, the day of the date inclusive.

(d) Cited in Wampler v. Wolfinger, 13 Md. 346. See Equity Rule, 12.

(e) Upon letters granted in the District of Columbia, the executor or ad-
ministrator is, by the Act of 1813, ch. 165, authorized to sue here; although
upon such letters granted here, he cannot sue there, 1 Cran. 259. But no
suit can be sustained here by any one, on letters of administration granted
in a foreign country: 1 Hayw. 355; 3 Baa. Abr. 36; Mitf. PL 155; Mollinson
v. Bowley, MS. 1806; or in any one of the States in this Union, 3 Cran. 319;
9 Cran. 151; Kirk v. Brown, MS. 1818. But the Act of 1815, ch. 149, s. 4,
authorizes the revival of an action at common law against an executor or
administrator, to whom letters have not been granted here, and who "re-
sides out of this State.''

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 104   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives