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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 355   View pdf image (33K)
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GEORGE VS. SPENCER.
cer,) Charlotte Spencer, and Sarah Rebecca Marriott; and an
injunction was ordered by the Chancellor, as prayed.
The answer of Charlotte Spencer, admits her marriage with,
and the death of Abel Spencer, as alleged, and the giant of let-
ters of administration on his estate, to the complainant. The
execution of the mortgage, by Waters, to Sarah Rebecca Mar-
riott, is also admitted, but the respondent denied that her hus-
band only discovered the mortgage after its. execution; on the
contrary, she avers, that he knew of, wad agreed to, and ad-
vised her to lend the money and take the security. Defendant
expresses her belief, that her husband never did forbid the said
Waters to pay the money due upon the mortgage, unless he
may have done so when in a state of intoxication, and deprived
thereby of his reason. The answer also denied, that (he
money loaned upon the mortgage was the property of her said
husband; or that, to any extent, it had been covertly, or in any
other manner, taken from him, or kept from his knowledge;
on the contrary, she avers, that he was fully aware of her hav-
ing it, and that it was her separate estate. That it was held,
claimed and directed by her, as such, with his full and unquali-
fied approbation and consent. The answer, then, by way of
expressing fully, the mode in which she came to be in posses-
sion of the money loaned Waters, proceeds to state, that prior
to, and at the time of her marriage with Abel Spencer, in 1825,
she had, of her own property, and in her own right, the
sum of about six hundred dollars, which, at the period of her
marriage, was in the bands of Dr. John Cromwell, as a loan
from respondent. That after her marriage, the said sum, with
the interest thereon, making altogether about seven hundred
dollars, was, with the consent of her said husband, and by ar-
rangement and understanding between her and her said hus-
band, lent on interest, to the late Edward Priestly, in the name
of Sarah Rebecca Marriott, as trustee for this respondent, and
as her separate estate. That the said sum, was, with the ac-
cruing interest, placed afterwards in other hands, until, finally,
the said Waters, applying to the defendant for a loan on mort-
gage, and her and husband advising and consenting to it, the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 355   View pdf image (33K)
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