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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 431   View pdf image (33K)
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THOMPSON VS. BANKS. 481
of money, applied to the defendant for a loan of the sum of
$500, offering to secure the same by a mortgage on said prop-
erty. That defendant agreed to lend Davis that sum, and had
a deed of conveyance therefor prepared, which deed, Davis
then supposed was a mortgage in the usual form, but which
was, in fact, an absolute deed of assignment, with no clause of
defeasance inserted, and which, without having been read to him,
Davis, partly from ignorance of the forms of legal instruments,
and partly because of his great pecuniary distress, signed, having
implicit confidence in the defendant. That the consideration
expressed in the deed, is the said sum of $500, which Davis
received expressly as a loan, and which was so intended at the
time by both parties. That Davis, from that time up to the
period of his insolvency, occupied said lot and dwelling, as the
owner thereof, and made such repairs and improvements thereon
as he chose, and in no respect demeaned himself as a tenant,
nor did the defendant pretend to him, or claim to be the land-
lord thereof. That Davis, up to the year 1844, paid all the
taxes thereon, and the property remained in his name on the
tax books of the collector of taxes, and was assessed to him
as the owner.
That prior to the application of Davis for the benefit of the
insolvent laws, the defendant never paid, or assumed to pay,
any demands upon the property, or-looked after it as the owner,
but always on the contrary, expressed himself to Davis as a
mortgagee, and the property was returned in his schedule as
the property of Davis, subject to the said mortgage. That dur-
ing this time, Davis made two payments, on account of interest
on said loan, one of $100, on the 25th of September, 1841 and
another of $50, on the 25th of December, 1844, which pay-
ments were demanded by the defendant as interest money, but
for which Davis gave receipts as for rent. That since said ap-
plication, the defendant, for the first time, pretended to be the
owner of said house and lot, relying upon the said deed. The
bill, then charges, that this deed is fraudulent and void, and
was obtained by the defendant with a fraudulent design of set-
ting it up as an absolute conveyance, contrary to the express

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 431   View pdf image (33K)
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