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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 357   View pdf image (33K)
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HAMMOND v. HAMMOND.—2 BLAND. 357

debtor should appeal; and the judgment below should be affirmed,
here as in England, the Appellate Court may, according to the

bin, Robert Swan, Thomas Sprigg, and William Chapman, who made the
following report.

To his Excellency HORATIO SHARPE, Esquire, Chancellor of Maryland. We
humbly certify, that by virtue of a commission issued out of his Lordship's
High Court of Chancery to us, and Thomas Sprigg, and William Chapman
directed, to state, settle, audit, and adjust all accounts relating to the matter
in dispute, in the said Court, depending between George Atkinson, executor
of Christopher Grindall, mariner, deceased, complainant, and John Hall de-
fendant; we met at the house of Mrs. Catharine Jenaings, in Annapolis,
known by the sign of the Bunch of Grapes, on the 29th day of May instant;
where the said John Hall, or any person for him, did not appear, although
affidavit was legally made of his, the said John Hall's having had due notice
of the time and place of meeting. And thereupon, the said George Atkin-
SOD, in his capacity as aforesaid, produced unto us a mortgage deed from
the said John Hall, the defendant, to Christopher Griudall, in his life-time,
dated the 15th day of August, 1746, which said mortgage appears to us to
have been duly signed, acknowledged, and recorded, a copy whereof is
hereunto annexed, whereby it appears to us, that there is now due on the
same mortgage the principal sum of £263 0s. 4d. sterling, and for seven
years and nine months interest to the date above mentioned, allowing the
deduction for alteration of the style £122 5s. 9d. sterling, which, in the
whole, amounts to £385 6s. Id. sterling. All which is humbly submitted to
your Excellency by J. Maccubbin, Rob. Swan.

SHARPE, C., 29th October, 1755.—It appearing by a report made by com-
missioners appointed to state and settle the accounts between the parties in
this cause, there was due to the complainant's testator, on the twenty-ninth
of May instant, the sum of £385 6s.1d. sterling, for principal and interest
upon the sum advanced on the said mortgaged premises; and that from the
said 29th of May until the 29th day of October, being the day of passing
this decree, there is due to the complainant's testator the sum of £9 12s. 7d.
being for five mouths interest on the aforementioned sum of £885 6d. 1d.;
which, in the whole, amounts to £394 38s. 8d. It is, therefore. Ordered,
adjudged, and decreed, that, in case the defendant doth not, on or before
the 29th day of April next, pay unto the complainant the said sum of £394
18s. 8d. sterling, with lawful interest for the same, and also the costs ex-
pended by the complainant in this suit, the said defendant and all claiming
by, from, or under him, shall be ever, and they are hereby from thenceforth,
debarred and foreclosed of all manner of equity of redemption or reclaim,
in and to the said mortgaged premises; and that the estate in the said prem-
ises be free and absolute of and from all redemption and equity, and power
of redemption of, in, or by the said defendant, his heirs or assigns, or any
person or persons claiming by, from, or under him or them.—Chancery Pro-
ceedings, lib. S. R. No. 5, fol. 1336.

PATTISON v. FRAZIER.—This bill was filed on the 23d of April, 1791, by
James Pattison, one of the creditors of Alexander Frazier, late of Calvert
County, deceased, in behalf of himself and the other creditors, against John
Alexander Frazier. It alleges, that Alexander Frazier, deceased, was in-
debted to the plaintiff in the quantity of 108,000 Ibs. of crop tobacco, and in
the sum of £350 15s. 3d.; for the payment of which, with interest, he gave

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 357   View pdf image (33K)
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