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RIDGEWAY VS. TORAM. 305 It presents the frequently recurring, and probably never-to- be-finally-settled, question, of the precise boundaries which should separate the jurisdiction of this court, from that of the courts of common law, it being insisted here, on the part of the defendant, that to grant relief upon this bill, would be trenching upon the well settled principle, that a court of chan- cery should not be resorted to, when full and complete redress may be obtained at law. The controversy in this case grows out of certain articles of agreement, signed and sealed, by William Ridgeway, and the defendant Toram, bearing date on the 29th of September, 1849, by which, Ridgeway, in consideration of the sum of $8,711, or the value thereof, to be paid or transferred to him, as in the agreement is specified, covenanted and agreed with Toram, on or before the 20th day of October, then ensuing, to convey to him in fee simple, certain real estate in Baltimore county, with the buildings, improvements, and appurtenances, and, also, on or before said day, to convey, assign and transfer to him, for the same consideration, various articles of personal prop- erty, farm stock, and crops on said farm, included in an in- ventory therewith given, and exhibited to said Toram. And Toram, on his part, covenanted and agreed, that on the execu- tion and production of the conveyance for the farm, and the as- signment and transfer of-the personal property, &c., he would pay, or cause to be paid, and transferred to Ridgeway, the amount of $8,711, as in the agreement is expressed. That is to say, the sum of $800, in cash, also to give and execute to him abond and mortgage on said farm for the sum of $450, payable in one year. Secure him, Ridgeway, five quarters' rent of the dwelling house and manufacturing establishment, where Toram then lived and carried on his business in Phila- delphia, the five quarters amounting to $500, and also by some proper instrument of writing, transfer to Ridgeway the fixtures, improvements, and bottles of said establishment. The fixtures and improvements to be rated at $1,500, and the bottles guaranteed to be worth $5,000, at the rate of $6 50 per gross, the number being seven hundred and twenty gross, and in case 27* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 305 View pdf image (33K) |
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