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
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 367   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

MANSHIP VS. EVITTS. 367
lin, had paid the first installment of the purchase money, and
had given bond, with good and sufficient surety, for the pay-
ment of the balance due and unpaid.
One of the heirs of Jonathan Evitts, deceased, was Louisa,
the wife of Elijah A. Manship, and by the Auditor's report of
the 5th of August, 1848, the sum of $204 61, was assigned to
the said Manship and wife, in right of the wife. This report,
was ratified and confirmed on the 7th of March, 1849, and the
money directed to be applied accordingly. It now appears,
that, on or about the 24th of July, 1848, the wife died, leaving
her husband surviving her, and the question submitted by the
petition and answer, and agreement filed on the 14th inst., is,
whether the husband is entitled to this money, or, whether a
child, having been born after the marriage, though now dead,
he shall only be paid an equivalent for his life interest, as ten-
ant by the courtesy, and the residue, go to her heirs at law.
According to the decision of the Court of Appeals, in Lead-
anham vs. Nicholson, 1 Har. & Gill, 267, the real estate, de-
creed to be sold in this case, was converted into personal, at
the time of the death of the wife. The mutation from real to
personal, the Court of Appeals say, is complete, when the sale
is ratified by the court, and the purchaser has complied with
the terms of it by paying the purchase money, if the sale is for
cash, or by giving bonds if the sale is on credit. Here, the
purchaser had complied with the terms of sale, in the lifetime
of the wife, by paying the cash installment, and giving bond
with approved surety for the deferred payment, and, conse-
quently, the change from real to personal estate, was complete.
The proportion, therefore, of the purchase money, which had
been assigned to the husband and wife, must be regarded as a
chose in action, and as such, survives to her husband.
L. W. POTTER for Petitioner.
E. R. SPRAGUE for Respondents.

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 367   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  November 18, 2025
Maryland State Archives