Owens v. Barroll

Citations

• 88 Md. 204
• 40 A. 880
• 1898 Md. LEXIS 178

Syllabus

<p>Pro Forma Decree — Assignment of Fund by Distributee of an Estate to Trustee — Priority between Assignments— Ex parte Order Directing an Audit— Costs on Appeal.</p> <p>When one of several parties to an equity cause files an answer in which he submits his rights to a Court, and also as solicitor for another party, consents to a pro forma decree, he cannot afterwards object, on appeal from such decree, that it was invalid because he had not consented to it.</p> <p>When one of two -trustees of an estate, having the trust funds in his hands, mingled with his own money, pays a debt due by A, a distributee of the estate, with the express understanding that whatever is distributed to A shall be applied to that payment, neither A nor any one claiming by subsequent assignment from A, can demand payment of the same sum from the other trustee.</p> <p>In order to constitute a valid assignment in equity of a fund, no formal writing is necessary.</p> <p>An ex parte order of Court directing the auditor to audit to the assignee of a distributee of an estate the fund that may become due to such distributee, has no effect upon the rights of a party having a superior claim to that fund.</p> <p>Where a pro forma decree was passed without the express consent of the appellant, but under such circumstances as made it binding upon him, and the decree is affirmed upon appeal, he will not be required to pay the costs of the record or the costs of the other party in this Court.</p>