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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 62   View pdf image (33K)
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62 TOWNSHEND v. DUNCAN.—2 BLAND.

it was most usual to have the account stated by commissioners,
under a commission to audit accounts. Such commissions were

testimony of James "White, with that of Thomas Sanner and James Biscoe,
witnesses sworn, and examined in this cause before the hearing thereof;
which several annual sums being taken together, for the whole time afore-
said, do amount unto the sum of 16,350 pounds of tobacco; which I have
allowed the complainant for the rents and profits of that part of his real
estate which lies in Saint Mary's County.

"And I find, that the value of the profits of the complainant's real estate,
which lies in Anne Arundel County, mentioned in the sixth article of the
first schedule to this, my report, annexed, did amount to the yearly sum of
2,000 pounds of tobacco; which I find proved by the testimony of Jonathan
Taylor of Anne Arundel County, a witness sworn and examined in this
cause, before the hearing thereof; which, for the whole five years aforesaid,
does amount to the sum of 10.000 pounds of tobacco; which I have allowed
the complainant for the rents and profits of that part of his real estate which
lies in Anne Arundel County.

"And I also find, that by the acknowledgment of the defendant, the rents
and profits of a store-house and lot, in Huntingtown, belonging to the com-
plainant, mentioned in the seventh article of the first schedule to this, my
report, annexed, did, for the whole five years aforesaid, amount unto the
sum of 1,200 pounds of tobacco; which I have also allowed to the complain-
ant for the rents and profits of that part of his real estate which lies in Cal-
vert County. Which several sums of tobacco being taken together for the
whole rents and profits of the complainant's real estate, during the time
aforesaid, do amount unto the sum of 27,450 pounds of tobacco, which I have
reduced to sterling money, at the rate of 12s. 6d. per cwt.; which having
considered the testimony of Thomas Sanner and James White, witnesses
sworn and examined in this cause before the hearing thereof, the first of
which deposeth, that to the best of his memory, tobacco bore a good price
from the year 1713 to the year 1718; and the second, that for the last two
years, wherein he received the rents, that to the best of his memory, it was
worth about fifteen shillings sterling, in bills of exchange, I have estimated
to have been the market price of tobacco, taking it as a means for the five
years aforesaid; at which rate it does amount unto the sum of £171 11s. 3d.
sterling; which sum of money I have allowed the complainant for the whole
rents and profits of his real estate during the five years aforesaid.

"And I likewise find, that the value of the profits which might have been
made of the mulatto man called Ned, mentioned in the proceedings, for
five years and one-quarter, which time the defendant had the said Ned in
his possession, did amount unto the sum of £105 gold currency, as charged
in the eighth article of the first schedule, to this, rny report annexed, which
I have estimated at the rate of twenty pound, gold currency, per annum;
and allowed to the complainant, upon the testimony of Francis Gaiues, John
Gaines, and Samuel Griffin, witnesses sworn and examined in this cause
before the hearing thereof; and the confession of the defendant in his answer,
which admits the said mulatto Ned to have been an ordinary carpenter and
cooper.

" I have likewise considered the allowances prayed to be made by the de-
fendant in the second schedule, to this, my report, annexed; and have not
made any allowance for the first article therein contained, of two negro
men, which the complainant had of the defendant, for about five years be-
fore he came of age; they being acknowledged by the defendant, to be part

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 62   View pdf image (33K)
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