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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 91   View pdf image (33K)
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STRIKE'S CASE.—1 BLAND. 91

would authorize the introduction of claims of this sort into a
cause, depending or about to be finally disposed of. The claim of
the solicitors, Eogers and Murray, he sanctioned under all the very
peculiar circumstances which belonged to it, and he considers the
objections to it, stated in the foregoing petition, as coming now too
late. The claim has been acquiesced in, and could not now be re-
considered without giving H. M. Murray's representatives an op-
portunity of being heard, which cannot now be done. The Chan-
cellor must in all cases leave the contracts between solicitors and
suitors, relative to professional services, to be settled and decided
upon in like manner as all other contracts. They cannot, and
ought not, to be introduced into, and blended with any pending
suit. Therefore this petition must be, and is hereby dismissed
with costs.

On the 4th of May, 1826, the auditor reported, that in obedience
to the order of the 10th of April last, he had restated the * ac-
count between the estate of John Rogers and the trustees, 99
applying therein the proceeds of sale, to the payment of the trus-
tees' commission and expenses; the complainants' costs in Balti-
more County Court: the costs of this audit, and the fees allowed to
H, W. Rogers and H. M. Murray : and the balance of the said pro-
ceeds, then remaining, to the payment of part of the complain -
ants' claim allowed. By this account, the complainants' claim,
exclusive of the allowance to their solicitors, amounts to .$8,657 81
Proceeds of sale applicable to the payment thereof.......2.750 80

Leaving a balance due the complainants of.............. So, 90 7 01

us of the day of the trustees' sale. He has also stated an account
between Strike and the estate of John Rogers, in which he has
charged Strike with the full value of the rents and profits of the
property conveyed to him by Rogers, rejecting entirely Strike's
claim for advances in payment of taxes, ground-rents, &c. and has
also charged him with interest thereon up to the day of the trus-
tees' sale. This account makes Strike indebted in the sum of
$6,559.33, with further inteiest on $4,967.63 from the day of sale; an
amount more than sufiicient to discharge the balance of the com-
plainants' claim unprovided for by the account between the estate
of John Rogers and the trustees.

To this report the defendant, Strike, excepted, 1st, for, that the
auditor has rejected entirely the claim of the defendant, Strike.

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

3d. Because the auditor has charged the defendant, Strike, with
the full value of the rents and profits of the property conveyed to

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 91   View pdf image (33K)
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