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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 18   View pdf image (33K)
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18 RINGGOLD'S CASE.—1 BLAND.

the * appeal has been taken from the order or decree within
23 the time limited by the Act of Assembly. 1785, ch. 72, s.
27; 1819, ch. 144, s. 4; 1826, ch. 200, s. 14.

Where the order or decree, appealed from, simply requires the
payment of a sum of money, and nothing more, the rule has been,
as at law, to require an appeal bond in double the sum so directed
to be paid, and costs. Johnson v. Goldsborough, 1 H. & J. 499.
But on an appeal from a decree to foreclose a mortgage of land;
or for the sale of mortgaged land; or for the conveyance of land
in specific performance of a contract, and the like, it would be un-
necessary and improper to require a bond in double the amount of
the mortgage debt; or in double the value of such an estate so
bound; which, although subject to much injury, is yet in substance

upon debate of the matter and hearing what could be alleged on both sides,
the Court doth think fit. and so order and decree: and accordingly it is this
first day of June, seventeen hundred and eighty, by the honorable Court of
Chancery of Maryland, and the power and authority thereof, ordered,
adjudged, and decreed, that the said Jonathan Rawlings be let in to redeem
the land and appurtenances so as aforesaid mortgaged by Aaron Rawlings to
William Hunt, and by him conveyed and made over to the said George
Stewart, as set forth in the bill of complaint aforesaid, he the said com-
plainant paying and satisfying to the said George Stewart what shall appear
to be really bonafide, and equitably due and owing for principal and interest
upon the mortgage aforesaid. And that an account be taken of the prin-
cipal and interest really, bona fide and equitably due and owing upon the
said mortgage, distinctly ascertaining in the said account the credits, ad-
vancements, and disbursements of the said William Hunt made a ad given
upon the security, and the payments, satisfactions, and remittances made in
the life-time of the said Aaron Rawlings, and since his decease, in discharge
of the said mortgage. And the amount of the sales of the negroes, and
other personal estate of the said Aaron Rawlings made after his death by
the agent of the said William Hunt, and for his use; also the annual value
of the rents and profits of the said mortgaged lands during the time the
said lands were in the possession of the said William Hunt, and the annual
value of the rents and profits thereof from the time of the defendant's pos-
session of the said lands to the time of taking the said account; and of the
repairs and lasting improvements made thereon by the said defendant; and
also the waste and destruction, and the value thereof committed by the said
defendant on said mortgaged lands during the term of his possession afore-
said.—J. ROGERS, Chancellor.^

The defendant prayed an appeal from this decree, which was granted
accordingly; and he filed an appeal bond in the penalty of fifty thousand
pounds current money, with two sureties. The bond recites, that it was
given in conformity to the Act of 1713, ch. 4. The Court of Appeals affirmed
the decree. The record then proceeds thus: and at October Court, 1785, "the
honorable the Judges of the High Court of Appeals returned to this Court
the transcript aforesaid with their proceedings on the same, to wit: and now
here, &c. to the end of the judgment of the Court of Appeals, &c.'' Chan.
Proc. No. 2. from 1784 to 1786, page 62,113, and Slye v. Llewellin, ante 18, note.

But this matter has been since otherwise finally settled, Thompson v.
McKim, 6 H. & J. 330; 1830, ch. 185, s. 1.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 18   View pdf image (33K)
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