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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 206   View pdf image (33K)
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206 HANNAH K. CHASE'S CASE.—1 BLAND.

the agreement, and the manner in which two suits, heretofore in-
stituted in this Court, to recover dower in the same property, have
been finally adjusted and determined. If this allegation be well
founded, there is an end of the case; since it cannot be necessary
to inquire, whether the plaintiff had been previously thereto dow-
able of this property; and much less to determine the extent to
which she might have been entitled to recover.

This plaintiff, with John P. Paca, her trustee, filed a bill on the
17th of February, 1813, in this Court, against the representatives
of the late Samuel Chase, to recover a certain amount of money
alleged to be due to her. After which she filed one bill on the 5th
of Jills, 1813. and another on the 14th of February. 1814. in which
she presented herself as the widow of the late Samuel Chase,
claiming dower in every parcel, (the Fountain Inn, among the
rest,) of the real estate of which her late husband had been seized
during their marriage, against his heirs, and all others, whom she
had found in possession of any part thereof. To these suits the
defendants appeared and answered; when the parties came to an
agreement, designated iu this case as the Exhibit S. M., by which
the matters in dispute in all three of them were to be adjusted or
withdrawn. This written agreement is without date; * but
the letter of Stephen and Magruder, dated on the 28th of
September, 1816, speaks of propositions for compromising these
suits as then depending. And the Chancellor remarks, at the foot
of his decree in the first cause, dated the 17th of July, 1817, that
it is passed as being considered within the meaning of the agree-
ment, it is signed by the parties." Consequently, this agreement
S. M. must have been executed some time between those dates.

By the agreement S. M., a decree was to be passed in the first
case in favor of the plaintiff for the amount demanded, with costs;
which was done accordingly on the 17th of July, 1817. As to the
second and third, or the dower cases, as they may be called, the
instrument of writing declares, that "It is also further agreed,
that in the two last of the above causes, decrees shall pass giving
the complainant dower in the following tracts, pieces or parcels of
land, to wit."—going on to specify certain property without the
Jeast allusion to the Fountain Inn; and then proceeds in these
words: " Provided, it shall appear to the satisfaction of the
Chancellor, by the exhibition of title papers or otherwise, as he
may order, that the said Hannah K. Chase hath a right to dower
in the same. And it is further agreed, that a compensation in
money shall be paid to the complainant by the defendants, for and
in lieu of her dower in the property above mentioned, and that
such compensation shall be fixed by the Chancellor, upon evidence
offered to him of the value of the said respective pieces or parcels
of land, by the actual sales, where sales are to be made by the
trustees as aforesaid, and for want of sales, by depositions shew-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 206   View pdf image (33K)
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