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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 59   View pdf image (33K)
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TOWNSHEND v. DUNCAN—2 BLAND. 59

ferred to a master to state any account between the parties, or to
make any inquiry or statement, deemed necessary by the Court,
in relation to which he was authorized, as in England, to call be-
fore him and examine witnesses upon oath; a ease might be re-
ferred by a special order to persons therein named, as a kind of
special masters, who were thereby virtually clothed with the
authority of a master, (n) But owing, as it would seem, to the
generally dispersed situation of witnesses; to the convenience of

the land in dispute, by the name of the Vineyard, prays, that he may have
leave to return a plot of the said land called the Vineyard, with their pre-
tensions thereto; which is granted accordingly."—Chancery Proceedings, lib.
J. R. No. 2,fol. 684, 720, 759, 769.

(n) CHESELDINE v. GORDON, post.

PARKEE v. MACKALL.—This bill was filed on the 20th of January, 1734, by
Gabriel Parker, against John Mackall. It states that the plaintiff's father,
George Parker, made his last will, appointing his wife Susannah, the plain-
tiff's mother, his executrix, and died on the 4th of March, 1710, possessed of
a great personal estate and seized of a considerable real estate, great part of
which descended to the plaintiff as heir-at-law, who was then about twelve
years of age; that the said Susannah, took upon herself the office of execu-
trix, and returned an inventory; and afterwards married the defendant, by
virtue of which he possessed himself of all the real and personal estate of
the plaintiff's; and also got into his possession several lands and personal
property of the plaintiff's, consisting of money and slaves, one of whom was
an expert carpenter and cooper, which had been devised and bequeathed to
the plaintiff by his grandfather. Gabriel Parrott. That the plaintiff married
at about sixteen years of age, and soon after demanded of the defendant
the delivery of his estate, which the defendant refused to make; except
some household furniture, two negroes, and twenty sheep, which were
represented to have been delivered at their appraised value, although not
worth so much then as when appraised; and yet the defendant, taking ad-
vantage of the plaintiff's youth, by misrepresentation, actually charged him
more than the amount to which it had been appraised. That the plaintiff
had received from the defendant several sums of current money which he
alleged were payments in sterling money; that after the death of the plain-
tiff's father, there arrived here sundry goods from England, the property of
the plaintiff, which came to the hands of the defendant, and were converted
by him to his use; which goods then bore cent, per cent, and upwards, ad-
vance, but were inventoried by the defendant at the prime cost in sterling
money; that the defendant had actual occupation, possession and advantage
of all the plaintiff's real and personal estate for five or six years before he
came of age. of which the defendant made or might have made very great
profit and advantage, and did not during all that time maintain the plaintiff,
or make him the least satisfaction for such use and occupation of his estate.
Upon which it was prayed, that the defendant might account for the per-
sonal estate, and for the rents and profits of the real estate, and the interest
thereof; that he might make reparation for the waste and spoil committed
by him on the plaintiff's lands and improvements; and that the plaintiff
might be otherwise relieved in the premises as should seem agreeable to
equity.

At May Court, 1735, the defendant exhibited his answer to the bill of com-
plaint; and the same Court the complainant filed exceptions thereto; which

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 59   View pdf image (33K)
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