John Marshall

“ It is urged however, that the chancery practice of Maryland varies essentially from that of England; it not being customary here to introduce into the decree, the matters upon which it is based. Certainly, a somewhat looser practice has prevailed, than is known in the English courts; but the legal result contended for, cannot flow from it. The character of the bill of review is still the same; and there is no precedent or dictum by any Maryland chancellor sustaining the ground relied upon.
The party aggrieved is not without remedy; he has his appeal, he may have a re-hearing ”

“ He has transcended his powers; and with the knowledge of the purchaser, and in combination with him, has executed to him a deed which the law did not authorise. This whole proceeding was irregular, and ought to be set aside. The plaintiffs in the original suit will then be at liberty to prosecute their claims according to law.
The court is of opinion, that there is no error in the decree of the circuit court, and that it be affirmed with costs. ”

“ The appellees filed their bill of review in the circuit court, for the purpose of reversing a decree of that court, passed several years since.
Various grounds of reversal are assigned, as well in the proceedings, as in the decree; and many allegations are introduced, which are wholly irrelevant in a bill of review, but which are unsupported by any testimony. They would, in an English court of chancery, be deemed scandalous and impertinent. ”

“ The first payment is to be brought into court, and he is to make the conveyance on receiving the last. He is not authorised to pay the money to the creditors. The court has not entrusted to him the right of deciding on the debts, and disposing of the purchase money. He is only to receive it before he conveys; and, consequently, should hold it subject to the order of the court.
It does not appear that he has ever received a cent. He undertakes to settle the account of Mr Ritchie, the purchaser, and to convey the property to him, in violation of the decree ”

“ The decree requires the infant defendants, as they severally come to the age of twenty-one years, to convey the property decreed to be sold to the purchasers at the trustee's sale, and there is no saving clause in their favour. If there be an absolute decree against a minor, and no day given him, it is reversible on a bill of review. ”

“ On the 28th of March 1828, the trustee reported, that after giving bond, and advertising as required by the decree, he had, on the 17th day of July 1826, sold the property at public sale, to John T. Ritchie, the highest bidder, for the sum of two thousand seven hundred and fifteen dollars. That Mr Ritchie, having produced satisfactory evidence of his having paid all the debts, and becoming the only creditor to an amount exceeding the amount of sales, he had made to him a deed conveying the property. ”

“ That the order appointing a guardian is vague, uncertain and void.
7. That the answer of Turner, professing to be guardian, &c. not being under oath, is insufficient and void.
8. That said decree purports to be by counsent, whereas, it appears, that these complainants never appeared to said suit, in person or by guardian, and therefore, never could have assented, and cannot, as minors, be bound by the consent of an attorney. ”