Jarrell v. Felton

The bill in this case was filed in the Circuit Court for Queen Anne’s County, by the appellants, William E. Jarrell and William Bolton, creditors of Jacob B. Felton, of the State of Pennsylvania, to procure a sale of Felton’s real estate, situate in Queen Anne’s County, for the payment of his debts. It alleges that Felton died seized of considerable real estate, situate in Queen Anne’s County, which was devised by his will to the defendants; that he left no personal estate and no letters of administration had ever been granted in Maryland ; that there was an insufficiency of personal estate to pay the debts, and the prayer of the bill is for a sale of so much of the real estate as may be necessary for this purpose. The Pennsylvania executors, Felton’s widow and children, were made parties to the bill. The answer admits the allegations of the bill, but denies the indebtedness and avers a sufficiency of personal estate in the State of Maryland with which the plaintiff's claims can be paid.

Subsequent to the filing of the bill, letters of administration were granted upon this estate in Maryland, but the administrator does not seem to have been made a party. The case was submitted to the Court upon bill, answer and proof, and the bill was dismissed without prejudice to the rights of the plaintiff to bring a new suit, for the reason as stated by the Court in its opinion, that the insufficiency of the personal estate to pay the debts was not shown and because the plaintiff’s claims, except the Jarrell note for $336.09, were not established by the evidence in the case. The Court said : "There were a number of exceptions filed to the testimony