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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 25   View pdf image (33K)
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KIPP v. HANNA.—2 BLAND. 25

plaintiffs, by their petition, prayed that she might be brought be-
fore the Court, &c.

KILTY, C., 13thJuly, 1821.—Ordered, that the sheriff of Balti-
more County bring into Court the defendant, Sarah Hanna, on the
21st day of the present month, the said Sarah Hanna being re-
turned by him attached for not answering the bill in this suit.
Milf. Plea. 105; Le Texier v. The Margrarine of Anspach, 15 Ves.
164.

Soon alter the passing of this order, the defendant, Sarah, the
wife of Alexander, put in her separate answer, in which she
* admitted the conveyance of the property to the use of her- 29
self and her children, was made as set forth in the bill; but she
averred that it was made in consideration of her fortune, amount-
ing to about $5,000; that the house on the lot was erected with her
money so paid to her husband; that he was in good and solvent
circumstances at the time he made the conveyance; and she denied
all fraud, &c.

The infant defendants, Mary, John and Robert, answered by
their guardian ad litem, and admitted the execution of the convey-
ance by their father as set forth; but averred that he was then in
solvent circumstances; and prayed that their interests might be
protected, &c.

The plaintiA's, by their petition, stated that the defendant,
Sarah Hanna, Jr., had attained her full age since the issuing of
the commission to take the answers of the infant defendants, and
had refused to answer their bill of complaint. Whereupon they
prayed process against her, &c.

JOHNSON, C., 19th November, 1822.—Leave is given to amend
the bill, so as it shall appear by the bill, that the person, in this
petition mentioned, has arrived at full age; and a subpoena being
served on her, if disregarded, the necessary cumpolsory process
will issue.

After which, the defendant, Sarah Hanna, Jr., put in her
answer, in which she admitted the execution of the conveyance by
her father, as charged in the bill; but declared that he was then sol-
vent, as she had heard and believed; and that she had no know-
ledge of any other matters set forth in the bill.

The plaintiffs' solicitor, by an application in writing, prayed
that a commission might issue to take testimony, &c. To which a,
solicitor, who appeared only for the defendants, Alexander B.
Hanna and wife, and Sarah, their daughter, subjoined his consent
in these words, "the undersigned, as counsel for such of the above
defendants as he appears for, consents to the above commission as

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 25   View pdf image (33K)
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