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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 518   View pdf image (33K)
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518 HIGH COURT OF CHANCERY.
The bill then states and charges, that though the said purchase
money has long since become payable, yet no part of it, nor
the interest thereon, (except an interest payment to said Brown,
upon said mortgage debt,) has been paid. That the said sale
for the said sum of $12,000 having been made subject to the
discharge of the said mortgage out of the purchase money, and
the interest on said mortgage debt having been paid up to the
day of sale, it is understood, that the complainants are to re-
ceive the sum of $4,000 with interest from the day of sale, and
are, thereupon, to convey to the said Raborg and McCleIlan,
the land subject to said mortgage claim: said Brown agreeing to
accept said purchasers as debtors in place of the complainants.
The bill further states and charges, that though demand had
been made for payment of said $4,000 with interest; yet no
part of said sum had been paid, and the complainants were not
only unsatisfied in that respect, but are yet, as executors, con-
cerned in reference to said mortgage debt; said Brown having
assented to hold said executors and their testator's estate
harmless from said mortgage claim; but no formal covenant to
that effect has as yet been executed,
The bill then prays, that the land may be decreed to be sold
for a sum to embrace said mortgage indebtedness, and so as
to be clear of said mortgage claim, and that, out of the pro-
ceeds of sale, said mortgage debt be paid and. the said $4,000
and interest, as aforesaid, and for further relief. The parties to
this bill, were the said Catharine M. Raborg and Catharine M.
McClellan.
These defendants having been duly summoned, but failing
to appear, an interlocutory decree was passed against them, on
the 28th of July, 1845, and an ex parte commission issued,
according to the Act of Assembly. Under this commission,
which was returned and filed on the 7th 'of August, 1845, the
complainants proved the following agreement:
"We acknowledge that we became on the 8th day of July,
eighteen hundred and forty-four, purchasers from Zenos Barnum
and Ephraim K. Barnum, executors of David Barnum, for the
price of twelve thousand dollars, payable with interest, from

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 518   View pdf image (33K)
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