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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 88   View pdf image (33K)
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88 HIGH COURT OF CHANCERY.

When a motion to dissolve an injunction is heard on bill and answer, so much
of the bill as is not denied by the answer is taken for true, and if any one of
its material allegations remains unanswered, the injunction will he contin-
ued till the final hearing.

When mortgaged property has been turned into money, the rights of the mort-
gagee remain unaltered by the conversion, and he has a right to have the
money applied to the payment of his claim.

[The bill filed in this cause, stated, that on the 3d day of
January, 1843, Robert Stewart of Anne Arundel county, exe-
cuted a mortgage of certain real and personal property, the lat-
ter consisting partly of slaves, to Henry H. Brown, the com-
plainant, and Thomas M. Camden, to secure them in the sum
of $1200, with interest from the 6th May, 1841, and also
against any future liabilities, which they might incur in his
behalf; that this debt having been reduced, to the sum of
$424 88, on the 12th November, 1842, Stewart, on the 21st
December, 1843, gave the complainant his single bill therefor,
which, together with the statement ascertaining said balance,
was filed with the bill of complaint; that since the execution
of the mortgage, one of the negroes conveyed by it, had died,
and four had been sold out of the state, for about one thousand
dollars, the whole or a part of which sum had been deposited
in the Farmers Bank of Maryland by the defendant, to his own
credit; that he was about to sell other of the negroes and per-
sonalty; and that his title to the real property was a courtesy
interest, nearly valueless, on account of his advanced age.
The complainant alleged his ignorance of the extent to which
Camden and himself had been indemnified as securities, as
aforesaid, and concluded with a prayer for a discovery on the
part of Camden and Stewart relative thereto; for an injunction
against the latter, and the Bank; to restrain the one from sell-
ing more of the negroes or other personalty, and the other from
paying over the proceeds of the former sale to said Stewart's
order; and for a sale.

Stewart in bis answer, admitted the execution of the mort-
gage, the correctness of the statement of his debt to the com-
plainant, (with the exception of the credits, to be made on the



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 88   View pdf image (33K)
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