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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 492   View pdf image (33K)
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492 HIGH COURT OF CHANCERY.

they had been pursuing a course of rigid economy in their
private expenses. That they had not at any time sent out of
the city of Baltimore, any portion of their stock, with the in-
tent to diminish the same or defraud their creditors. That their
mother was not, nor had she been, in embarrassed circum-
stances, unless produced by the assistance she rendered to
them; and that instead of her being supported by them, she
had always refused to charge them any thing for their board,
&c. They admitted that they had been warranted for various
sums under one hundred dollars, and had procured the re-
moval of said cases from the jurisdiction of the magistrate's
courts, and had complied with such requirements as were ne-
cessary to secure the advantages of such proceedings, but de-
nied that they had admitted that the claims for which they
were warranted were justly due, or that they intended to in-
terpose improper obstacles to their recovery. They stated that
it was true, that if any of their creditors were to bring actions
at law against them, they could not, by using the utmost dili-
gence, obtain judgments thereon before the month of May,
1850, but'that none of the complainants had brought such ac-
tions, and that the assets of the firm were not being wasted in
the mean time. They admitted the retention of possession of
the property conveyed to Cariss and Mrs. Diffenderfer, with
their -permission, but denied that the proceeds of the sales made
in the due course of their business were not paid over to the
grantees or other creditors. They stated that their stock in
trade consisted of perishable articles, and that great losses to
them would be produced by a continuance of the injunction ;

and that no injunction bond had been filed by the complainants.

The answer of these defendants having been filed, an order
was passed by the Chancellor, requiring the complainants to
file an injunction bond, and so far modifying the injunction as
to permit the defendants to sell their goods according to their
usual course of business, and make such new purchases as
were necessary, requiring them first to give bond to render an
account of such sales and purchases.

Testimony was afterwards taken by the complainants to sup-



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 492   View pdf image (33K)
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