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GEORGE VS. SPENCER. 357 estate of Abel Spencer,, consisting exclusively of personalty, amounted to $11,21369, and his debts, which were all paid before the filing of the present bill, to $1556. The bill referred to, as having been filed by Charlotte Spen- cer, and which it was agreed should be consolidated with (his cause, was filed on the 15th of February, 1845. It was filed in the name of Charlotte Spencer, against James A. G. Waters and Sarah Rebecca Marriott, and prayed for a foreclo- sure, and sale of the mortgaged property for the payment of the debt, &c. The last named defendant, in her answer, admitted the aver- ments of the bill, and consented to a decree, as prayed; but Waters, though he admitted the loan of the money, and the execution of the mortgage, relied, in bar of the claim of com- plainant, on the matters alleged in the bill, in this case, by George, administrator of Spencer, against Charlotte Spencer; and others. An order was passed by the Chancellor, in their case, upon the mortgage, foe the examination of Sarah Re- becca Marriott, on the part of the complainant, with a sav- ing of exceptions. The mortgage, which was exhibited with the bill, was ex- ecuted by James A. G. Waters, to Sarah Rebecca Marriott, on the 28th of November, 1842, and was to secure the pay- ment of the sum of $800, with interest. The money was, by it, declared to be secured to be paid to the mortgagee, "in trust for the sole and separate use, and exclusive benefit of Char- lotte Spencer, free, dear and independent of her present, and any future husband, and of all liability from any such husband's contracts, agreements or liabilities; and so that it shull not be in the power of the said Sarah Rebecca Marriott, to make the premise hereby conveyed, or said claim, in any way or manner, liable for any indebtedness or liability of any such husband." Proofs have been taken under the commission, which is- wed: for that purpose, aad the case having been argued be- fore, is now to he decided. Upon a careful examintation of the briefs, in this case, my |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 357 View pdf image (33K) |
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