|
CHASE v. MANHARDT.—1 BLAND. 315
After this the defendant James Bryden died, and Charles F.
Mayer, his administrator, was on the 1st of January, 1825, admitted
as a defendant in his place, on an application in the manner
prescribed by the Act of 1820, ch. 161. After which the bill was
amended by giving to it an additional prayer; and the commissions
to take testimony having been returned, with the proofs taken,
the case was by agreement set down for hearing and brought
before the Court.
BLAND, C-, 6th July, 1827.—This case standing ready for hear-
ing, and having been taken up at this time by consent, the parties
were fully heard, and the proceedings read and considered.
The late Samuel Chase on the 26th of February, 1806, leased
that property in the City of Baltimore, called the Fountain
Inn, to James Bryden, for the term of fifteen years at the rent of
$2,000 per annum. And on the same day Chase gave to Bryden
his bond, with a condition, that he, Chase, at the expiration of fif-
teen years from that day, and not before, and at any time within
one year from the expiration of that term, and not afterwards,
upon the payment to him, by Bryden, of the sum of $17,500, would
convey in fee simple to Bryden that property. Bryden entered
upon, and held the property accordingly. On the 11th of Decem-
ber, 1807, Bryden leased it to John H. Barney, at $3,000 per
annum for ten years from the first of April, 1808. Under this
lease Barney entered and held as the lessee of Bryden, and sub-
tenant of Chase. After which Samuel Chase the original lessor
died; and the present complainant, and Richard M. Chase, it
seems, became the holders of all the estate and interest in this
property, which had belonged to the late Samuel Chase, but when
or how does not appear.
*In this state of things, on the 26th of March, 1812, this
complainant agreed to give James Bryden 812,000, for his 337
interest in this property, the half of which he then paid to Bryden,
and on the same day stipulated for the payment of the other half
in these words: "I agree that on James Bryden's delivering to me
of the original bond of my late father Samuel Chase, dated Feb-
ruary 26th, 1806, duly assigned to Richard M. Chase, and also pro-
curing Mrs. Margaret McIntosh of New York to assign and make
over to the said Richard M. Chase a release of a mortgage given
by the said James Bryden to her late husband; and also giving the
said Richard M. Chase a good title to the lots and houses in the
City of Baltimore, mentioned in the said bond, and also on his
assigning to the said Richard M. Chase the original policies of in-
surance on the said houses: to give him good negotiable notes for
the sum of $6,000 payable six months thereafter." This is the
contract referred to in the bill as Exhibit A; that referred to as the
receipt Exhibit B, is not among the papers; and, as it was not
|
 |