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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 276   View pdf image (33K)
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276 HIGH COURT OF CHANCERY.
Which he believed to be limited, then cashed Schley's note for
$2000, at two months, and his draft on F. A. Schley, at four
months, for $2000 more, and agreed to retire, and did retire the
previous note at six months, given in March before, which he
now holds. He further states, that on the said 4th of Septem-
ber, Schley prepared for execution a renewed mortgage of the
Alleghany lands, and another renewal of the bill of sale, but that
on his suggestion it was agreed that there should be no further
mortgage of the Alleghany lands, and that the bill of sale should
be, as before, with the additional statement of the September
transactions, and, therefore, the bill of sale thus corrected, was
renewed on the 4th and 24th of September, 17th of October, 7th
and 26th of November, and 16th of December, 1845, and on
the 7th and 27th January, 21st of February, and 12th March,
1846; that having no skill in such matters, he confided the
proper preparation of these instruments to Schley, and believes
that Schley thought them sufficient, and had no motive for giv-
ing false color to the transactions, or misrepresenting the amount
due; that discovering an inaccuracy in the latter renewals, in
requiring payments of past due notes, this was corrected in the
further renewals, which were made on the 31st March, 22d of
April, 12th of May, and 4th of June, 1846. And he states that
on the 18th of June, 1846, being then first informed, and by
the complainant, S. J. K. Handy, of Schley's great defalcation
as trustee, and then first made sensible of his risk, he at once,
and without consulting Schley, placed it on record before the
execution of the complainants' writ, or the order on which it was
issued, passed. He denies any knowledge of Schley's receipt of
the trust funds, or even that he was trustee, before the 18th of
June, 1846, when told by Handy, and also denies the receipt
of any of the trust funds to his knowledge.]
THE CHANCELLOR :
This case has been argued before me by counsel, and sow
comes up for decision.
It appears by the proceedings, that on the 20th of December,
1844, the defendant, Schley, was, by the order of this court, ap-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 276   View pdf image (33K)
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