This case is about slaves or slavery.
| Year: | 1806 |
| Citation: | 2 H. & J. 285 |
| Jurisdiction: | Maryland |
| People: | |
| Short Summary: | Interpreting the act of 1797 that if a party dies after hearing but before decree that the chancellor may decree as if the party is alive cannot take effect here. Since there might be a decree for a reconveyance of land for the dead party, this act cannot apply. Holding and affirming that even though one party was declared to hold the land and slaves conveyed for another party, the party in possession had possession rights through the estate tail. "a decree for relief in this case would direct the deceased to bring in or pay money, and the defendant to convey to the deceased. The Chancellor would suggest, for the consideration of the bar, the question, whether such a decree would not be mere nullity, except that it would show his opinion, and lay a foundation for another suit, in which the representative of the deceased would be a party? But a bill of revivor would certainly be preferable to a new suit." |
| Law type: | |
| Full name: | Brogden vs. Walker's Ex'r. Legatees and Devisees |
| Court: | Court of Appeals of Maryland |