Bowen v. Gent

Bartol, C. J., delivered the opinion of the Court. In December 1810, William C. Dent, of Baltimore County, died, seized and possessed of a large real and personal estate, leaving a last will, by which, among other devises and bequests, he devised to the youngest son of Alfred J. Gent, and the youngest son of William Gent, who may be living at the time of the death of testator’s daughter, Mary Ann Wilderson, as tenants in common in fee, a certain farm known as part of “ Lyon’s Den.” Alfred J. Dent was made residuary devisee and legatee, and executor of the will. Among the property which passed to him under the residuary clause, was the farm known as “ Lyon’s Den,” during the life of Mrs. Wilder-son. She died in May 1818, leaving then surviving her Oharles Morris Gent, youngest son of Alfred J., and William, Thomas Gent, the appellee, youngest son of William ⁵⁶⁷ Gent, who were at that time infants of tender years, entitled as tenants in common in fee to the farm called Lyon’s Den,” under the will, unless their estate had been divested by certain proceedings in chancery contained in the record.

It appears that during the life-time of Mrs. Wilderson, a creditors’ bill was filed by Samuel Shaffer, a creditor of William C. Gent, the deceased testator, alleging that his personal estate was insufficient to pay his debts, and praying that a decree might be passed for the sale of his real estate, or as much thereof as might be necessary for the purpose of paying his debts. The residuary devise to Alfred J. Gent, and the devise to him for life of a farm, mentioned in the last item of the will, and of all debts due the testator,' were made upon condition, that Alfred J. should pay the legacies bequeathed by the will to be paid by him; and also all just debts due by the testator, and all his funeral charges and expenses. It was alleged in the bill that Alfred J. had been adjudicated a bankrupt, by the District Court of the United 'States for the District of Maryland, that Moses Merryman and David G. McIntosh had been chosen as his assignees in bankruptcy, and all his estate, real and personal, of ■which he was possessed on the 21st day of April 1875, had been assigned to his said assignees, who were made parties defendant. It appears from the proceedings that William Thomas •Gent, the appellee, who was then living, was not made •a party in the cause.

The administration accounts passed by the executor, and other proceedings in the Orphans’ Court were filed in the case; and an agreement was filed, signed by the ■complainants’ solicitor, and the solicitor representing certain of the defendants, “ that the case be submitted for a ■decree with the understanding that no more land be ⁵⁶⁸ decreed to be sold than the• “‘Lyon’s Den’ property.” Whereupon a decree was passed on the 19th day of February, ISTI, for the sale of the land described in the will as a part of “ Lyon’s Den.” And the same was sold by the trustees as directed by the decree, the appellant, John Bowen becoming the purchaser. Before the ratification of the sale, the appellant appeared in Court and excepted to the ratification of the sale, alleging, that a' good and valid title to the property could not be had under the sale, and assigning' á' number of objections to the regularity and sufficiency of the proceedings under which the decree was passed. Upon the hearing of these exceptions, the Circuit Court overruled them and passed an order finally ratifying the sale. No appeal was taken from this order.

The purchaser paid the whole purchase money, and a deed was-made to him by the trustees conveying the land, according to the terms of the decree “free, clear and discharged from all claim of the parties to the cause, complainants- and defendants and those claiming by, from, or under them, or either of them.” It appears that after the payment of costs, expenses, &c., and the claims of creditors, there remained of the proceeds of sale in the hands of the trustees, a balance of' ^1688.23, credited to the youngest sons of'Alfred J. and William Gent, subject to a life estate of'Mrs. Wilderson in the same, and upon her death, one-half thereof was. paid to the guardian of Charles Morris Cent, the youngest son of Alfred J. Gent. But the appellee, By his next friend declined to receive any part of the same; and instituted an action of ejectment against the appellant, to recover a moiety of the land. The appellant then filed his bill of complaint, praying-for an injunction to restrain and prevent the appellee from prosecuting his said action of ejectment. An injunction was issued as prayed, and upon