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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 57   View pdf image (33K)
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STRIKE'S CASE.—1 BLAND. 57

and filed on the 23d of March, 1819. Another commission was
issued to take testimony in the City of Baltimore, under which the
depositions of thirty-six witnesses were taken; and among that
number the deposition of the defendant Rogers was taken, under
a special order of the Court, subject to all just exceptions. This
commission was closed on the 2d of April, 1819; and soon after
filed in Court. Among the papers of this case there is a document
marked as having been filed on the 15th April, 1819, which is en-
titled in these words, "The answer of Nicholas Strike, of the City
of Baltimore, to the petition of William McDonald, filed in Balti-
more County Court against this defendant." There were sundry
deeds and other documents tiled by the parties, as evidence in the
case. From the proofs, thus collected, it appears that the claims
and allegations of the plaintiffs, as set forth in their bill, were sub-
stantially and sufficiently sustained.

DORSEY, C. J., 28th May, 1822.—The said cause being ready for
bearing, and having been fully argued by complainants and de-
lendants, the bill, answers, exhibits, testimony, and all other pro-
ceedings, were by the Court read and considered; and it being
fully established to the satisfaction of the Court, that the deeds of
the sixteenth January, 1811, from the defendant Rogers to the de-
fendant Strike, mentioned in the said proceedings, were executed
for the purpose of defrauding the creditors of Rogers, and without
bona fide consideration,—decreed, that the said deeds be, and they
are hereby declared null and void, as against the complainants in
this cause. Decreed also, that the property in said deeds con-
tained be sold. That Henry W. Rogers and Samuel Moale be,
and they are hereby appointed trustees for the purpose of making
said sale, &c. And the trustees shall bring into this Court, the
money, or securities for money, arising from said sale or sales, to
be applied under the Court's direction, after deducting the costs of
this suit, and such commission to the trustees as the Court shall
think proper to allow, in consideration of the skill, attention and
fidelity, wherewith they shall appear to have discharged their
trust. All equities as to the distribution of the proceeds of sale,
are reserved by the Court for * hearing, on the trustees'
report, on bringing into Court the money or securities
arising on the sale.

Under this decree the trustees reported, that they had, on the
14th of September, 1822, made a sale of the two lots, amounting
to three thousand nine hundred and fifty dollars, which sale was
finally ratified on the 10th of February, 1823.

WARD, A. J., 31st May, 1823.—Ordered, that this case be re-
ferred to the auditor of this Court to be audited,

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 57   View pdf image (33K)
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