Drummond v. Green
Drummond v. Green
Opinion of the Court
delivered the opinion of the Court.
We agree with the counsel for the appellants, that a decree or judgment against an- administrator is not binding on the
In the former appeal, 31 Md., 72, it was decided — first, that the complainant was not entitled to a specific execution of the alleged agreement, for the purchase of the real estate mentioned in the bill of the complainant, the same not being in writing as required by the Statute of Frauds; secondly, that he was not entitled to relief on the ground of a resulting or constructive trust in the property, under the eighth section of the Statute.
“ It remains to be considered,” say the Court, “ whether, under the pleadings and proofs in the cause, the appellant is entitled to any and what relief in a Court of Equity? A specific execution of the alleged agreement being denied, the question is, whether the bill should be retained for the purpose of awarding compensation for the purchase money paid and advanced by him?”
Inasmuch as the specific execution of the alleged agreement for the purchase of the property, could not be enforced because of the Statute of Frauds,.and it was doubtful whether the appellee could recover in an action at law, the money paid and advanced under the same, it was held by this Court, after a careful review of the authorities, that he Avas entitled to a decree for compensation for the money thus furnished to Drummond, such relief being incidental to other relief sought by the bill.
The Court further say, “ Avhile in our opinion the proof is perfectly clear and conclusive, that a portion of the cash
The cause was remanded, and additional proof taken, and on the 28th October, 1870, a decree was passed by the Court below, in favor of the appellee for the sum of $5,790.56 as against the administrators of Drummond, to be paid by them in due course of administration, and the bill dismissed against the widow and heirs-at-law.
In the meantime, the personal assets of Drummond being insufficient to pay his debts, the real estate was sold under a vendor’s lien, and the appellee filed a petition in that proceeding praying that the balance due on the decree, after applying thereto the dividend from the personal estate, might be paid out of the proceeds arising from the sale of the real estate.
To this petition the appellants filed separate answers denying any indebtedness from Drummond to Green, and at the same time plead the Statute of Limitations as a bar to the claim of the appellee. Now, if his claim rested on the decree of the Court below, the appellants might very well contend that, being against the administrators of Drummond, it was not binding on his heirs-at-law. The right, however, to compensation for the money paid on account of the purchase of
If it be conceded, then, that the claim of the appellee, whether legal or equitable, comes within the operation of the Statute of Limitations, and that it differs from the equitable claim of the wife in Bowie vs. Stonestreet, et al., 6 Md., 418, which could not be enforced by an action at law in the life time of the husband, we are of opinion that the decision of this Court in the former appeal, to which the heirs-at-law were parties, is binding on them, and, therefore, takes the claim out of the operation of the Statute of Limitations.
The remaining question to be considered is as to the precise sum to which the appellee is entitled. We are aware of
Decree affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.