Bear Creek Lumber Co. v. Second Nat. Bank of Cumberland
Decision Date | 11 April 1913 |
Citation | 87 A. 1084,120 Md. 566 |
Parties | BEAR CREEK LUMBER CO. et al. v. SECOND NAT. BANK OF CUMBERLAND. |
Court | Maryland Court of Appeals |
Appeal from Circuit Court, Garrett County, in Equity; A. Hunter Boyd, Judge.
Action by the Second National Bank of Cumberland against the Bear Creek Lumber Company and others, to set aside a deed from the defendant named to two other defendants, and to subject the property to the payment of plaintiff's claim. Judgment for plaintiff, and defendants appeal. Affirmed.
Argued before BRISCOE, BURKE, THOMAS, PATTISON, URNER, STOCKBRIDGE and CONSTABLE, JJ.
D Lindley Sloan, of Cumberland, and Edward H. Sincell, of Oakland, for appellants.
Tasker G. Lowndes and Ferdinand Williams, both of Cumberland, for appellee.
This case was argued and submitted to this court on the 25th day of October, 1912, but before a decision was reached on the merits, an agreement of counsel was filed on the 11th day of December, 1912, to enter "the case settled." Upon this agreement the clerk was directed to make the usual entry in accordance therewith on the docket of the court, and it was so entered. Subsequently, on the 28th of February, 1913 a petition and motion were filed by the appellee to strike out the entry of "settled," entered in the case, for reasons stated in the petition, and by agreement of counsel filed herein the motion was submitted for the action of the court. This motion was considered and granted by the court on the 28th of February, 1913, and the order "settled" as heretofore entered, was directed to be stricken out, and the case ordered to be placed upon the January docket of this court No. 78. Thereupon, an agreement of counsel dated the 6th of March, 1913, was filed, submitting the case for our determination on the record and briefs, as heretofore filed in this court. The general legal principles underlying this case are well and fully stated by Judge Boyd in his opinion in the court below. The questions raised and discussed at the hearing are covered by the opinion, as set out in the record now before us. For the reasons stated, and upon the principles announced in the opinion of the court below, we will affirm the decree appealed against, with costs to the appellee in this court and in the court below.
The opinion is as follows:
To continue reading
Request your trial