US SUPREME COURT DECISIONS

U.S. Supreme Court

Mayburry v. Brien, 40 U.S. 15 Pet. 21 21 (1841)

Mayburry v. Brien

40 U.S. (15 Pet.) 21

APPEAL FROM THE CIRCUIT

COURT OF MARYLAND

The case was presented to the Court on a printed statement, and a printed argument, by Mayer for the appellant, and was argued by Meredith and Nelson, for the appellees.

A bill was filed in this cause by the appellant, as widow of Willoughby Mayburry, claiming dower from John Brien, purchaser of the estate, in real estate, in Frederick County, designated as "The Catoctin Furnace, and all the lands [described by the names of tracts] annexed or appropriated to it," and also claiming rents and profits from the death of Willoughby Mayburry. The real estate in question was conveyed by Catharine Johnson, Baker Johnson and William Ross, as executors of Baker Johnson, to Willoughby Mayburry and Thomas Mayburry, by deed, dated 5 March 1812. By deed chanrobles.com-red

Page 40 U. S. 22

dated 9 May, 1813, Thomas Mayburry conveyed to Willoughby his undivided moiety in the estate, and by deed of the same date, Willoughby mortgaged to Thomas, all his (Willoughby's) interest in the Catoctin Furnace and the lands attached to it to secure payment of certain obligations from Willoughby to Thomas.

The answer admitted the marriage of the appellant, and the death of Willoughby, and that she was married to him when the deed to Willoughby and Thomas was executed, but it insisted that, simultaneously with the delivery of the deed, a mortgage was executed by Willoughby and Thomas to the grantors in the deed to secure a part of the purchase money, payable by them for the estate. The answer further stated that the mortgage was foreclosed and that, under the decree, the respondent, John Brien, became purchaser of the estate, and the answer insisted that the plaintiff was not entitled to dower in the property.