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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 520   View pdf image (33K)
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520 HIGH COURT OF CHANCERY.
answer also insists, "that proper parties have not been made to
the bill, and that respondents are advised that George Brown,
whose interest the bill prays, may be decreed to be sold, is a
proper party, and that the interest of these respondents may be
sacrificed, or impaired by the sale of said property, if decreed to
be made, without enabling the trustee to be appointed for that
purpose to convey a perfect title thereto to the purchaser
thereof," &c.
On the 1st of December, 1845, the complainants filed the
following disclaimer: "To obviate all objections suggested in
the answer in this cause, because of George Brown not being
made a party to this suit; the plaintiffs (protesting that it was
unnecessary to make said Brown a party upon the terms of
the purchase stated in the bill) hereby beg leave to renounce
and disclaim any relief against said Brown, and any decree at
all affecting his interest in the real estate in the proceedings
mentioned, whether under the mortgage referred to in the bill
or otherwise; and the plaintiffs are content to be limited lu a
decree to sell said real estate for the purchase money, and
interest due by the said defendants, subject to all claims and
rights, and interests of any kind, of the said George Brown, as
aforesaid."
On the 21st of January, 1846, the cause having been sub-
mitted without argument on the part of the plaintiffs, an.d none
having been offered on the part of the defendants during the
sittings of the term, the Chancellor passed a decree for the
sale of the property "to satisfy the claim of purchase money,
principal and interest, as in the proceedings specified," and
appointed Samuel H. Taggart, .Esq., of Baltimore, trustee for
that purpose, and directed that he should give, at least, three
weeks notice by advertisement in such newspaper or news-
papers, as he shall think proper, of the time, place, manner and
terms of sale, and that such terms should be "cash on the day
of sale," &c. From this decree, the defendants, on the 26th
of January, 1846, entered an appeal and filed their appeal bond
which was duly approved by the Chancellor, and the appeal
granted accordingly; and the 30th of March, 1848, the decree
was affirmed by the Court of Appeals.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 520   View pdf image (33K)
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