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374 HIGH COURT OF CHANCERY. was not your own money, state to whom it belonged, and how and when, and upon what terms, and in what sums you ob- tained it. 4th. State particularly in what kind of money, in whose presence, at what place, and at what time, you paid to Eliza- beth Osborne the sum of $7,550, the alleged consideration in part for the deed of the 16th of February, 1844. If it was your own money, state how you earned, acquired, or became possessed of it; by whom it was paid to you, and for what. State whether you had it on deposit in any bank. If so, what bank, or if any individual, if so, with whom. If it was not your own money, state to whom it belonged, and how, and upon what terms and when you procured it. 5th. State where you have resided for the last ten years, what business you have been engaged in, what capital you have in your business, and what has been your annual profits. State what property you have owned in the ten years past, how, and to whom you disposed of it, and what property you now own. 6th. Did you not execute and deliver to Elizabeth Osborne, an instrument of writing acknowledging that you had no legal or just title to the property mentioned in the deeds, or only a lien upon it for a sum much less than is mentioned as the con- sideration of the deeds referred to, in this bill of complaint ? If you did, state whether you have seen that paper since the death of Elizabeth Osborne. State when you saw it, at what place, in whose possession, and what has become of it. Exhibit No. 1, filed with the bill, is sufficiently described in the bill. Exhibit No. 2, is a mortgage from Elizabeth Os- borne to Samuel H. Goldsmith, and is dated the 25th day of November, 1842, and recites that "whereas, the party of the first part is, and stands indebted unto the party of the second part, in the full and just sum of twenty-one thousand five hun- dred dollars, lawful money, for which sum, the former has passed to the latter, a promissory note of even date herewith, drawn by the said Elizabeth Osborne, in favor of the said Samuel H. Goldsmith, or order, payable at or before the expiration of five |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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