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
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 29   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

OHIO LIFE INS. & TRUST CO. VS. ROSS & WINN. 29
last notes, a part have been retired by said Jones, but of which,
the greater part are yet outstanding and unpaid.
And it was admitted that these notes of Hancock and Mann,
indorsed by Dawson and Norwood, were indorsed and nego-
tiated, under the provisions of the said mortgages, or of some
one of them.
The notes thus taken by Jones, the first of which was dated
on the 12th of December, 1845, and the last on the 26th of
June, 1846, amounted to $105,447 02, in addition to which,
there were acceptances of drafts, drawn by Hancock and Mann,
indorsed by Dawson and Norwood, and some other notes, in-
cluded in the list filed with the agreement.
It also appeared that Jones suspended payment in, or about
the month of July, 1846, and on or about the 26th of October
following, assigned his property and effects to the defendants,
Winn and Ross, in trust for his creditors; and afterwards, in
the year 1847, he applied for, and obtained the benefit of the
insolvent laws, when the same parties were appointed, and
gave bond as his permanent trustees.
Several questions of interest and novelty are presented by the
proceedings in this case, and these have undergone a very
careful and full examination by counsel at the bar.
The object of the bill, as we have seen, is to subject the
property embraced in the mortgages, to the payment of the ob-
ligations intended to be secured by them, and the material ques-
tion relates to the rights of the several classes of creditors, as
they may be adjudged to be entitled to come in under the one
or the other of the instruments.
The complainants insist that the mortgage of the 31st of July,
1845, not having been recorded within the time allowed by law,
is a void security with respect to them and other creditors, pro-
tected by the subsequent instruments; and that all the notes
held by Winn and Ross, as trustees of Jones, which were made
and issued, prior to the execution of the deed of the 11th of
April, 1846, are to be excluded from the provisions of that deed,
which was only designed for the security of notes and bills,
subsequently issued. According to the view of the complain-
4*

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 29   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  August 16, 2024
Maryland State Archives