Capron v. Devries

Citations

• 83 Md. 220
• 34 A. 251
• 1896 Md. LEXIS 34

Syllabus

<p>Liability of Married Women Purchasing Property at a Judicial Sale— Constitutional Law—Tidal by Jury in Civil Cases—Decree in Personam—Enlarging Jurisdiction of Equityl</p> <p>When a married woman becomes the purchaser of property at a trustee’s sale, under a decree, and upon her failure to comply with the terms thereof the property is resold at her risk for a less sum, the Court has power, under Code, Art. 16, sec. 194, to pass a decree in personam against her for the deficiency.</p> <p>The said statute authorizing a Court of Equity to make a decree in personam for the deficiency against a recalcitrant purchaser at a judicial sale when the property has been resold at his risk, is not in violation of Constitution, Art. 15, sec. 6, providing that the right of trial by jury of all issues of fact in civil proceedings shall be inviolably preserved.</p> <p>Nor is such statute in violation of Constitution, Art. 4, sec. 28, relating to the jurisdiction of Courts in Baltimore City.</p> <p>The constitutional right of parties to a trial by jury in civil cases does not prevent the Legislature from empowering a Court of Equity to pass a decree for the payment of a sum of money which the Court finds to be due from one suitor to another in a proceeding pending before it. ■</p>