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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 477   View pdf image (33K)
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LATROBE VS. TIERNAN. 477
thereon, remains unpaid, and prays for a sale of the mortgaged
premises to satisfy the same. The defendants to this bill, one
Charles Tiernan, William H. Tiernan, Guy P. Tiernan, Alex-
ander Neill and W. Tiernan Somerville.
The defences taken in the answer, are, that the executors of
Luke Tiernan, paid Scott, on the 11th of February, 1841,
$1,000, and on the 29th of May, $4080, which last was in full
of the mortgage debt, and that the mortgage was released by
Scott; that the complainants by their laches and lapse of time,
have forfeited their tide to relief, and that the claim is barred
by limitation.
The case was removed to this court, and argued on notes by
the solicitors of the respective parties.]
THE CHANCELLOR:
The proceedings in this case, show, that on the 4th of May,
1836, a decree passed in this court, for the sale of the real es-
tate of Samuel McKim, deceased, upon a bill filed by Joseph
McKim, and, that the trustees thereby appointed, did make
sale of the property, and brought the proceeds into court. That
difficulties being interposed to the distribution of a portion of
the money, by reason of an appeal taken from the erder of the
Chancellor, an agreement was entered into by the parties inter-
ested, on the 22d of July, 1836, by which it was stipulated, by
and with the consent of the Chancellor, that John Glenn and
John Scott, of the city of Baltimore, be constituted trustees, to
receive and invest the portion of the proceeds in relation to
which the controversy existed, amounting to $10,695 48, and
that upon the final hearing of said appeal, the said Glenn and
Scott, should pay into the Court of Chancery, the said sum of
money, and all interest and profit which should accrue thereon,
subject to the order and decree which might be passed on the
appeal.
Upon this agreement, the Chancellor, on the 23d of July,
1836, passed an order, directing the register to draw a check
on the Farmers' Bank of Maryland, in favor of said Scott and
Glenn, for said sura of'money to be invested during the pen-

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 477   View pdf image (33K)
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