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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 375   View pdf image (33K)
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McDOWELL VS. GOLDSMITH. 375
years after date, with legal interest thereon, in the meantime,
payable semi-annually." And to secure said sum with inter-
est thereon, the freehold, leasehold and personal property
therein described, consisting of various lots and houses, and
the furniture therein, in the city of Baltimore, is conveyed to
said Goldsmith,subject to the condition of payment, by the
said Elizabeth, her heirs, executors, administrators or assigns,
of the said sum of $25,500, on or before the expiration of five
years next ensuing the date thereof, with legal interest thereon,
semi-annually, according to the tenor of the aforesaid promis-
sory note. The said conveyance also contains the following
clause: "And the said Elizabeth Osborne hereby declares her
assent to the passing of a decree by the Chancery Court of Ma-
ryland, or by Baltimore County Court, silting as a court of
equity, for a sale of the hereby mortgaged estate, property and
premises, in accordance with the provisions of an act of the
general assembly of the state aforesaid, passed at December
session, one thousand eight hundred and thirty-three, chapter
181, entitled'an Act relating to Mortgages.'" "And further,
it is hereby declared, that this conveyance made subject to the
provisions of an act of the general assembly of Maryland,
passed at December session, 1836, entitled 'an Act relating to
Mortgages in the city of Baltimore.' " This conveyance was
also made subject to three mortgages therein referred to. One
to Sarah Truitt, dated the third day of August, 1841, of a
part of the leasehold property therein described, to secure the
sum of $1,200, and interest. Another to Levi Benjamin,
dated the 9th of April, 1842, of a parcel of said fee simple
property, to secure the sum of $3,000, and interest, both of
which mortgages were in full force, and unsatisfied at the time
of the execution of said conveyance; a third to John S. Dar-
nelly and others, dated the 28th of May, 1840, on which there
was then due the sum of $1,545, or thereabouts.
Exhibit No. 3, is a deed from said Elizabeth Osborne to said
Samuel H. Goldsmith, dated the 16th of February, 1844,
which, after reciting the mortgage of the 25th of November,
1842, proceeds as follows: "And whereas, in full payment,

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 375   View pdf image (33K)
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