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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 433   View pdf image (33K)
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WOOD VS. GAULT AND EMORY. 433
deed, as a mortgage, and decree a redemption of the property
by the mortgagor, or solely for the purpose of paying the sum
due. The case of Brogden vs. Walker, is a decisive authority
upon this point, such a decree having been passed in that case,
by the Chancellor, and affirmed upon full argument by the
Court of Appeals.
The question therefore is, whether, in this case, the facts
and circumstances are of sufficient strength, to justify the court
in coming to the conclusion, that the deed in question, was
intended as a mortgage, and not an absolute conveyance of the
property, and upon a careful examination of the evidence, and
deliberately considering the facts and circumstances attending
the case, the character of the contract, the condition of the par-
ties, I do not see how the conclusion can be escaped, that the
instrument was designed to be a mortgage merely, and not an
absolute conveyance.
There are, in this case, circumstances which repel the idea of
sale, and there is, besides, direct evidence of a character so
strong, that, in my judgment, no reasonable doubt can be en-
tertained upon the subject. I shall, therefore, send this case to
the Auditor, with directions to state an account between the
parties, in the usual manner, and report the same to this court
for its further order.
GEORGE H. WILLIAMS for Complainants.
CHARLES WOOD
vs.
CYRUS GAULT AND
JOHN B. EMORY.
JULY TERM, 1850.
[PARTERSHIP—LIMITATIONS—STATED ACCOUNT.]
THOUGH a partnership be formed by an agreement under seal, still, a dissolu-
tion actually made by the parties, though not under seal, before the period
limited by the agreement for the continuance of thE partnership, expires,
38

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 433   View pdf image (33K)
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