clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 634   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

634 ANDREWS v. SCOTTON.—2 -BLAND.

amount of the purchase money. From which order, he appealed,
giving bond in the usual terms, to prosecute his appeal with effect;
that is, to have the order reversed, or if it should be affirmed, to
pay the amount so ordered. Karthaus v. Owings, 6 H. & J. 134;
Wood v. Fulton, 2 E. & G. 72.

The orders of this Court, absolutely affirming the sale, and re-
quiring the purchase money to be paid, are substantial parts of
that contract between the Court and the purchaser, upon which
the equitable lieu rests. The appeal bond is a security, that the
order directing the purchase money to be paid, if affirmed, shall
be complied with; consequently, it must be considered as standing
in the same relation to the equitable lien, that a common bond
does to a mortgage, to secure the same debt. They are treated as
separate securities, having for their object, the assurance of the
payment of the same debt; and therefore, the remedy on each
may be pursued at the same time, and prosecuted on both, until
an entire satisfaction has been obtained.

But the purchaser, Samuel Anderson, has been taken in execu-
tion, under an attachment, and personally discharged, under the
insolvent laws; 1825, ch. 122, ante, 663; yet, as that cannot ope-
rate as a bar to any of * the creditor's other remedies for the
670 recovery of his claim; Davis v. Battine, 6 Cond. Cha. Rep.
404; and as it is not improbable, that a portion of the purchase
money may be obtained from, his estate; and if so, it is fit and
proper that he, as the principal debtor, should be made to pay as
far as satisfaction can be obtained from him, or his estate, in re-
lief of his sureties in the appeal bond; I shall therefore order, that
the lands be re-sold; that the trustee of this Court, apply to the I
trustee of Anderson, under the insolvent laws, and endeavor to :
obtain a dividend of his estate, if there be any; and also, that the
trustee of this Court, put the appeal bond in suit.

Whereupon it is decreed, that the trustee James Boyle, proceed
immediately to make sale of the said land for the payment of the
purchase money due thereon; and the said sale shall be at the risk
of the said Samuel Anderson; and the terms of the said sale shall
be for ready money, to be paid on the day of sale, or on the day
of the ratification thereof, with legal interest from the day of sale;
in all other particulars, the trustee is directed to conform to the
decree of the 5th of April, 1822, according to which, and the
order of the first of March, 1827, he has given bond for the faith-
ful discharge of the trust reposed in him, by that or any other
decree or order, in the premises. And it is further decreed, that
the trustee James Boyle, without delay, make application to the
trustee of the said Anderson, under the insolvent laws, and by all
lawful ways and means, endeavor to obtain a dividend of his
estate, if there be any, in proportion to the whole amount of the
principal and interest of the purchase money, and costs due and

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 634   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives