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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 452   View pdf image (33K)
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462 HIGH COURT OF CHANCERY.
the same, as stated in the bill, because he was poor and afflicted,
and because she was enabled to live without taking to her own
use, the profits of said lands, and she never supposed that an
act of kindness to a poor and aged parent, could, in any degree,
impair her title under said deed; that she certainly never, in
any manner, abandoned her right to occupy said lands at any
time she might think proper so to do. She and her husband,
the said James Baxter, admit, that after the death of said Swan,
they entered upon the premises, claiming title thereto, and
now hold a portion thereof, under said deed, and deny that
they then had knowledge of the deed from Swan to Sewell, or
of the lease from Sewell to Swan, and insist, that at the time
of executing them, Swan bad any title whatever to the premises,
and they deny that they obtained permission or now hold the
same or any part thereof as executor and executrix of said
Swan, but, on the contrary, aver that they hold the same as
owners thereof, under the deed of the 22d of October, 1819.
They have no personal knowledge of the indebtedness of said
Swan to Sewell and Murray, and put complainant to the proof
thereof. They admit that they have sold and conveyed portions
of said land to Pariett, Moore & Buckingham, but utterly deny
that said sales or conveyances were made to carry into effect
any fraudulent objects, or to delay, hinder or defraud the said
Sewell, but aver that said sales were fairly made for good and
valuable considerations received by respondents, and that said
parties do not hold said parcels of said land, as tenants to re-
spondents, but that they purchased such title as respondents
had, and hold said lands accordingly. They admit the demand
of rent and their refusal to pay, but deny that they have ever
pretended that they are assignees of said Swan, as lessee of
said Sewell, but have always and do now claim said lands by
virtue of the deed of the 22d of October, 1819, made for a val-
uable consideration paid by respondent, Emily, as hereinbefore
stated.
The answers of Parletty Moore & Buckingham, filed at the
same time, aver that they purchased the several parcels of said
lands conveyed to them respectively, fairly and for a valuable
consideration under the belief that the title of Baxter and wife

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 452   View pdf image (33K)
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