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512 HIGH COURT OF CHANCERY. amount thereof, nor the insurance and taxes which they may have paid thereupon." The testimony taken under the commission, is sufficiently stated in the opinion. The cause was removed, at the sugges- tion of the complainants, to this court, and argued upon notes by the several counsel of the parties.] THE CHANCELLOR ; This case being submitted for a decree, upon the agreement of the parties, the written arguments of their solicitors have been read, and the proceedings carefully considered. The right of the complainants to a decree upon their mort- gage, dated the 29th of September, 1848, is not contested, and, therefore, so far as the debt secured by that mortgage is con- cerned, no question is made; and the case is supposed to be equally free from difficulty, with respect to the claim for moneys paid by the complainants for taxes and insurance, against which the complainants, by the covenants of that mortgage, were to be indemnified. The controversy arises upon the second mortgage, executed by the same party, to the complainants, on the same property, on the 9th of October following, to secure the principal sum of $6,000, and the interest thereon, at the periods, in that behalf, therein limited. The answer of Mason, the mortgagor, admits the execution of the mortgages, and sets up no defence, but the White Hall Company, to whom Mason assigned his equity of redemption on the 15th of March, 1849, by deed of that date, whilst it admits the execution of the last mortgage, de- nies, by its answer, that the complainants paid any considera- tion whatever therefor, and charges, that the said sum of $6,000, and the interest thereon proposed to be thereby secured, was reserved and demanded by the complainants, of the mort- gagor, Mason, "as additional compensation to them, for loans of money made by them to said Mason, upon which loans they were also to receive the full amount of interest allowed by law in the State of Maryland, and that the whole amount legally due to the complainants, upon both the aforesaid two mort- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 512 View pdf image (33K) |
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