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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 590   View pdf image (33K)
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CAPE SABLE COMPANY'S CASE—3 BLAND. 589

ch, 195; and were completely organized, as such, accordingly, on
the first Monday, or fifth day of April, 1819. This bill moreover
proceeds, as is stated by the Chancellor in delivering his opinion,
to set forth the rights of these plaintiffs; and their object in filing
this bill. Whereupon they prayed for relief and an injunction.
Which injunction was granted accordingly. On the 7th of March.
1823, Robert aad John Oliver put in their joint and separate
answer; and obtained an order, in the usual form, for a dissolution
of the injunction at the ensuing term; when the motion was
brought before the Court.

JOHNSON, C., 21st April, 1823.—An injunction issued in this
case to prevent the sale of the property of the Cape Sable Com-
pany, taken in execution under a judgment obtained by Robert
and John Oliver against the company, in Annue Aruudel County
Court. To the bill filed, on which the injunction was ordered, the
Olivers have answered; and, at present term, the motion to
dissolve the injunction was elaborately argued. Since the argu-
ment the case has been maturely considered. It is a cause of a
novel description, demanding full reflection, not only from the
character of the case, but from its importance in respect to the
amount of the property in controversy.

In the year 1812 an agreement was entered into between John
Gibson, Richard Caton and others, and a company was formed to
search for coal in Anne Arundel County; and, to enable the com-
pany to carry their objects into execution, Gibson, by a deed, exe-
cuted on the 21st of June, 1833, conveyed several tracts of land
to Charles Carroll in trust. By the agreement and deed all the
interest in the land, and the works then or thereafter erected, and
in the profits and emoluments were divided into sixty shares;
twenty to Gibson; thirty-nine to the other persons, mentioned in
the deed, and the remaining share to Gibson, to be disposed of for
the common interest. Twenty-five out of the thirty-nine shares
to * Richard Caton, and the residue to the children and
grandchildren of C. Carroll, whose daughter was the wife 608608of Caton.

Gibson, on the 20th of May, 1815, conveyed his interest to Addi-
son Ridout and Joseph Jubere in trust for Gibson and wife during
their lives and the life of the survivor; and after the determina-
tion of those estates, to the use of the other complainants in the
bill mentioned. John Gibsoii and wife are dead, the former died
in 1839, the latter in 1822, by which the beneficial interest in the
premises became vested in the complainants as disclosed by the

By an \ct of the General Assembly of Maryland, passed in the
year 1818' the company was incorporated by the name of the Cape
Sable Company. As so large a portion of the stock of tins com-

 

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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 3, Page 590   View pdf image (33K)
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