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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 355   View pdf image (33K)
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MONICA VS. MITCHELL. 355

of either party, to stay all proceedings of any of the creditors,
at law.

The subject of this trust, prior to the filing of the present
bill, was before a court of competent jurisdiction, and of powers
equally ample as those possessed by this court. That court
and this, if both proceed in the causes before them, may come
to different and irreconcileable conclusions, and thus lead to a
conflict of powers which can only end in mischief and perplex-
ity. I had occasion to examine the subject in the case of
Winn and Ross vs. Albert and wife, and then came to the con-
clusion, which has been confirmed upon subsequent reflection,
that when any one of our equity courts, having jurisdiction
over the subject; has possession of it, it must be finally dispos-
ed of there; and that the other co-ordinate courts ought not in
any way to interfere.

Entertaining this impression, and as it is, therefore, in my
judgment, impossible for this court to grant the relief prayed by
by this bill, it must be dismissed.

[No appeal was taken from this decree.]

NEGROES MONICA ET AL.

vs. DECEMBER TERM, 1848.
WALTER MITCHELL ET AL.

DEVISE TO MAMCMITTED NEGROES—ACT OF 1831, CH. 281.]

A TESTATOR, by his will, manumitted certain negroes, and, after giving them a
pecuniary legacy, devised as follows; "I will and deviae that my executor
shall cause to be erected on some part of my farm called Rose Hill, (the
place to be selected by the above manumitted negroes,) a good, substantial
dwelling house, with one brick chimney, which house, together with two
acres of land adjoining thereto, I give and devise to the above manumitted
negroes, and their heirs, forever." HELD—

That the testator intended by this devise, to provide the negroes in question
with a habitation to live in, and, as this intent comes in conflict with the pol-
icy of the legislature, which forbids persona in their situation from remaining



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 355   View pdf image (33K)
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