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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 546   View pdf image (33K)
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546 HELMS v. FRANCISCUS—2 BLAND.

Waring v. Waring, 1 Eccles. Rep. 210; Evans v. Evans, 4 Eccles.
Rep. 310; Oliver v. Oliver, 4 Eccles. Rep. 429; Kirkman v. Kirlc-
man, 4 Eccles. Rep. 438; Holden v. Maiden, 4 Eccles. Rep. 452.

have corne to the following agreement, viz. that the defendant shall pay the
sum of fifty pounds current money immediately to the complainant; and
also, that the defendant shall pay the sum of forty pounds current money
to the complainant on the last day of August next; and the sum of twenty
pounds current money per annum, on the last day of August yearly and
every year afterwards, until the complainant and defendant shall mutually
agree to cohabit together; and that the defendant shall convey and make
over by deed, under his hand and seal, to Col. Charles Hammond, in trust
for and to the use of the complainant, the lands which the defendant holds
in right of the complainant, as her right of dower of the lands which her
former husband. Thomas Homewood, was seized of; and that he the defend-
ant shall give sufficient security, in the penalty of four hundred pounds
current money, to the said Charles Hammond, in his own name, but in trust
for the complainant; to pay to the complainant the sum of forty pounds
current money on the last day of August next: and also the sum of twenty
pounds current money per annum, yearly and every year, after the last day
of August next ensuing; and that the defendant shall immediately pay all
the costs of the said suit; and that the complainant shall accept of the same
in. lieu of what was decreed her by this Court for alimony, or separate
maintenance. And it being prayed by both complainant and defendant,
that the said agreement may be made the decree of this Court, it is there-
fore, by the mutual consent of the complainant and defendant, Decreed,
that the defendant pay to the complainant immediately the sum of fifty
pounds current money, and that the defendant also pay to the complainant
the sum of forty pounds current money, on the last day of August next;
and also, the sum of twenty pounds per annum on the last day of August,
yearly and every year afterwards, until the complainant and defendant shall
mutually consent and agree to cohabit together: and that the defendant con-
vey and make over by deed, under his hand and seal, to Col. Charles Ham-
mond, in trust for and to the use of the complainant, the lands which the
defendant holds in right of the complainant, as her right of dower of the
lands of her former husband Thomas Homewood was seized of; and that
the defendant give sufficient security, in the penalty of four hundred pounds
current money, to the said Charles Hammond, in his own name, but in trust
for the complainant; to pay to the complainant or the said Charles Ham-
mond, for the use of the complainant, the said sum of forty pounds current
money, on the last day of August next; and also, the sum of twenty pounds
current money per annum, yearly and every year, after the said last day of
August next ensuing; and that the defendant immediately pay all the costs
of the said suit; and that the complainant accept of the same in lieu of what
was decreed to her by this Court for alimony or separate maintenance. But,
forasmuch as Ed ward Dorsey, of the City of Annapolis, present in Court,
offers in lieu and behalf of the said defendant, to become chargeable to the
said complainant with the payment of the sum of twenty pounds, part of
the aforesaid sum of forty pounds current money on the last day of August
next, and with the further annual payments of the several sums of twenty
pounds current money upon the last day of every August thence ensuing,
until the complainant and defendant shall mutually consent and agree to
cohabit together; and offers to give sufficient security for the performance
thereof, which the said Charles Hammond, the complainant's next friend,

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 546   View pdf image (33K)
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