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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 196   View pdf image (33K)
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196 HANNAH K. CHASE'S CASE.—1 BLAND.

relinquished your dower therein during said lease, which will ex-
pire in 1821. Whether, upon the termination of said lease; you
will be entitled to dower, is a question of some difficulty, and per-
haps can only be solved by some further proof in point of fact, rel-
ative to the nature and effect of the contract between the late
Judge Chase and Bryden. If it depend entirely upon the title
papers, we should be of opinion, that dower in that property would
be clearly demandable. But papers have been exhibited with the
answer of Mr. T. Chase, which create a difficulty in determining
whether the original contract with Bryden was in the nature of a
mortgage, or an absolute purchase. If the first, dower is not
claimable; if the latter, you are entitled to it as a matter of course.
It was certinly not designed to have the effect of a mortgage by the
late Judge Chase. We do not think, that the difficulty should
prevent a settlement as to the residue of the property, in which
dower is asserted, in relation to which, we have reason to believe,
no opposition will be made to your claims. If before the lapse of
five years, the question as to Bryden's property should not be
settled, the question between you will be narrowed down to a
single point, in the adjustment oi which, we suppose, no great diffi-
culty can take place. We are, &c. John Stephen, A. C. Magru-
der.''

The agreement, upon which the suits spoken of in the aforegoing
letter, were brought to a close, was marked in this suit as exhibit
S. M., and is expressed in these words:

"Hannah K. Chase and John P. Paca v. Samuel Chase and
others; Hannah K. Chase v. Samuel Chase and others; and The
same A. The same:

"It is agreed, that a decree shall pass in the first of the above
cases, for the payment of the sums of money, with interest there-
on, secured to be paid to the complainant Hannah K. Chase, by
the two bonds in the procedings mentioned and exhibited, executed
by the Honorable Samuel Chase, deceased; one to John P. Paca,
of Queen Ann's County, as a trustee of the said Hannah K- Chase,
dated on the 14th day of February, A. D. 1809, for the payment
of two thousand five hundred dollars; the other to the said John
P. Paca, as trustee aforesaid, dated on the tenth day of July, A.
D. 1810, for the payment of one thousand four hundred and
* thirty-seven dollars, together with costs of suit. It is also
further agreed, that in the two last of the above causes, de-
crees shall pass, giving the complainant dower in the following
tracts, pieces or parcels of land, to wit, one lot on Jones Falls; one
lot called the Garden, and one other lot adjoining the same, (the
said three lots or parcels of land being the same now advertised to
be sold on the 7th of August next by the trustees for the sale of
the real estate of Samuel Chase, deceased;) also in a lot of ground
situated on the west side of Jones Falls, conveyed by the said

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 196   View pdf image (33K)
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