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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 220   View pdf image (33K)
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220 HANNAH K. CHASE'S CASE.—1 BLAND.

tude for them to report specially all circumstances, and also in the
alternative. So that the final decree may be adjusted to suit the
case, after the parties have been heard. As to the rents and
profits the case will be sent to the auditor.

Decreed, that the said Hannah K. Chase, the plaintiff, is entitled
to dower in all that messuage, tenement, and lot of land in the pro-
ceedings mentioned, called the Fountain Inn. And to the end
that this Court may be enabled to make a just assignment to the
plaintiff of her dower in the aforesaid messuage, lands and tene-
ments, it is ordered, that a commission issue to Benjamin C. Bid-
gate, William Magruder, James Mosher, and Robert C. Long, of
the City of Baltimore, authorizing them or any three of them to go
upon, walk over, survey, lay off and designate one-third part of
the said premises as and for the dower of the said plaintiff in the
same: and that the said commissioners be directed in the com-
mission to make out a plot and certificate exhibiting an accurate
description of the third part or dower so by them laid out. And
if they shall be of opinion, that the said messuage and lot of land
cannot be divided, in the manner which they shall so specify,
without injury to the same, and disadvantage to the parties, they
shall express their reasons for such opinion, state all circumstances
they may deem material, and proceed to designate and describe
specially in what other manner the said plaintiff may be endowed
of the said property, without any, or with less injury thereto, and

* without any, or with less disadvantage to all concerned.

235 the said commissioners shall make return of their pro-
ceedings to this Court, as soon as may be, subject to its further
order upon the same. And to the said commission there shall be
annexed the usual oath of office.

that not being the case, the decision will be postponed till March Term, the
order of December Term, 1819, being still in force as to the survey and pro-
curing testimony in support of the objections against them.

The plots having on motion been delivered as ordered, to the solicitor of
the party, were laid before the examiner general, and after having been
revised by him, were again returned to the Court. After which the com-
missioners made and returned a valuation of the lands, of which they had
made partition, but the valuation is not mentioned in the final decree.

JOHNSON, C., 26th January, 1823.—Decreed, that the partition so made, &c.
&c. " And for the purpose of making an equal division in value, it is fur-
ther adjudged, ordered and decreed, that Unit Corse and wife, pay to Re-
becca R. Stewart, the sum of one thousand and ninety-seven dollars, thirty-
three and one-third cents, and to James Polk and wife the sum of five hun-
dred and thirty dollars, and eighty-three and one-third cents, which said
sums of money are adjudged and declared to be a lien on lot number one
in this decree mentioned. Each party to these proceedings to bear an equal
proportion of the cost of these proceedings."

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 220   View pdf image (33K)
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