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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 60   View pdf image (33K)
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60 STRIKE'S CASE.—1 BLAND.

payment of taxes and ground rents thereon, so far as he could
collect the same from the papers in the cause. And further, that
although he gave notice to the counsel of the complainants and
defendants, to produce any further testimony which they might
have, no additional testimony has been produced.

The plaintiffs excepted to this report, 1st. For, that the auditor
hath stated the claims of Strike, one of the defendants, for ma-
terials, work, and repairs, made upon the dwelling-house inhabited
by him, which were done for his accommodation, and not to benefit
the property.

2d. For that the said expenses and repairs, were incurred by
Strike under deeds which have been decreed by this Court to have
been obtained by Strike from Rogers, in fraud of the bona, fide-
creditors of the firm of Heuderson & Rogers, of which Rogers was
a partner, and without consideration.

3d. For that the said auditor hath not charged Strike with the
difference between the prices bid by Strike at a public sale of the
said property by the trustees, and the subsequent sale of the same,
he having refused to comply with his purchases.

4th. That the said auditor hath reported the claims of Strike for
repairs done to said property, although Strike has refused to pro-
duce the bills of the persons who did the repairs, and has relied
upon the conjectures of said persons as to their probable value
after a long lapse of time.

5th. These complainants further except to the claim hitherto
audited in the first report in favor of the Mechanics Bank of
* Baltimore, because, the same is barred by the Statute of
Limitations, the said claimants having laid by, without
making any demand, until these complainants, believing them-
selves the sole creditors, had by their own exertions, and at their
sole and great expense, succeeded in setting aside the deeds in
this cause mentioned, when they have first presented their
demand.

6th. For that the said report and statement is erroneous and de-
fective in point of law and fact; wherefore the said complainants
beg leave to except to the same, and pray that the report and
statement may not be confirmed by this Court, but that the same
may be remanded to the said auditor, or set aside and annulled.

The defendant, Strike, excepted to this report,—1st. For that
the auditor hath not stated the entire claim of the said defendant
Strike, and that said claim is not correctly stated from the evi-
dence in the said cause.

2d. For that Strike claims the whole proceeds of the said sales
of the said property mentioned in the said report, statement, and
proceedings, in preference to all the other claimants in the said
cause, and will contend that he is so .entitled.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 60   View pdf image (33K)
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