clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 519   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

BARNUM VS. RABORG. 519
said day of purchase, of the real estate of the said David Bar-
num, known as 'Belmont,' and as said David's country seat.
We hereby bind ourselves and our heirs, on demand, to pay
said executors, the said purchase money with interest afore-
said, part of said purchase money being eight thousand dollars
of principal, for which George Brown has a mortgage lien on
said estate. As witness our hands and seals this twenty-first
day of December, in the year eighteen hundred and forty-four.
C. M. RABORG, [Seal.]
C. M. McCLELLAN, [Seal.]
Witness, as to Catharine M. Raborg,
H. C. MoCLELLAN.
As to Catharine M. McClellan,
C. R. MCCLELLAN."
On the 8th of August, 1845, the defendants appeared to the
suit by counsel. And on the 27th of the same month, filed
their petition, praying that the interlocutory decree might be
rescinded, and leave granted them to file their answer. And at
the same time, in pursuance of the provisions of the 5th section
of the act of 1832, ch. 302, the defendants filed exceptions to
the averments of the bill. "As being insufficient in this: that
they do not show whether the mortgage debt to George
Brown, is, or is not due, and if due, when it became payable.
And they further object, that the said George Brown should
have been made a party to said bill, the relief prayed embracing
the sale of his interest in the property, for the sale of which a
decree is sought to be obtained."
On the above petition, the Chancellor (Bland) on the 4th
of October, passed the following order:
"This application having been made before the close of the
July term, it is ordered the interlocutory decree of the 28th
of July last, be and the same is hereby set aside; and the said
defendants are permitted to file their answers as prayed by the
foregoing petition." Whereupon, on the same day, the de-
fendants filed their answer, in which they admit that they
became the purchasers of the property as stated in the bill, and
that the purchase money therefor, is due and unpaid, except
the interest on George Brown's mortgage debt, and that it was
the purpose of the respondents soon to discharge it. The

 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 519   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives