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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 306   View pdf image (33K)
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306 HIGH COURT OF CHANCERY.
there were in the establishment a greater number of bottles
than specified, they were to be given in. The cash payment,
the mortgage, the fixtures, bottles, &c., amounting to the sum
of $8,250, to which was to be added a stock of porter, ale and
cider, to the amount of $400, at the price stipulated in the
agreement, leaving a balance of $61 to be paid on the day of
settlement. And to the performance of these mutual stipula-
tions, the parties bound themselves, each to the other, in the
sum of $1,800.
The bill alleges that the farm, which the complainant, Ridge-
way, thus agreed, for the considerations mentioned, to convey
to the defendant, was the property of his (the complainant's)
wife, she being a co-complainant, and that, with her consent,
he entered into the contract. That in pursuance thereof, he
and his said wife, did execute, and deliver, to the defendant, a
deed in fee simple for the farm, which the said defendant has
had enrolled, and that he, the defendant, hath also taken pos-
session of the personal property, and crops, in said articles of
agreement mentioned. That in getting possession of said
deed and property, the said defendant has perpetrated upon
complainants, a fraud, and that he obtained the possession by
falsely pretending that there belonged to said establishment,
bottles of the value of $5,000, at the price stipulated, when,
in truth and in fact, there were only $999 30 cents worth,
wherefore, the bill charges that the deficiency in the value of
said bottles of $4,000 TO, constitutes a charge upon said land,
as purchase money, for the payment of which it is liable to be
sold, also for the further sum of $200, part of the $800 to
have been paid by the defendant m cash, the defendant having
paid but $600, on account thereof.
The bill then charges that complainants have been informed,
and believe, that defendant is trying to sell the real and per-
sonal estate, for the purpose of converting the same into money,
that he may depart for foreign parts, and thus escape his re-
sponsibility to the complainants.
The prayer a for an injunction, and receiver, and that the
property may be sold for the payment of complainant claim,
and for further relief.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 306   View pdf image (33K)
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