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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 529   View pdf image (33K)
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BARNUM VS. RABORG. 529
of June, 1850, by an agreement of the parties filed in the
cause, with a proper rebate to the date of the decree affirming
said order. The residue was then applied to the payment in
full of the complainants' costs in the Court of Appeals on
the second appeal, and the balance of $1,207 45 assigned to
the purchaser in part remuneration for the damage sustained by
him in consequence of the non-delivery of possession, the sale
having been made for cash, and terms having been duly com-
plied with. The measure of such damages were assumed to
be the interest on the purchase ($6,600,) increased by the
amount of the incumbrance ($8,000,) subject to which the
purchase was made, from the day of sale to the date of his ob-
taining possession, (27th of June, I860,) according to the in-
structions of the solicitor for the purchaser, A large balance
was left still due on this claim after the application of the said
$1,207 45, the whole claim amounting as then estimated to the
sum of $1,871 23.
This account, and report of the Auditor accompanying it,
was filed on the 20th of July, 1850, and on the 5th of De-
cember, 1850, the defendants excepted to the allowance of
these items of $630 58 to the complainants for additional in-
terest, and $1,207 45, to the purchaser for loss resulting from the
non-delivery of possession. To the first, because, as between
the complainants and the defendants, their rights growing out
of their relations, were determined by the sale of the property,
and by its conversion into money, which was applicable to the
discharge of the debt due by the defendants. The delay con-
sequent upon the proceedings in regard to the ratification of
the sale, it is submitted, whatever of loss it may have occasion-
ed the complainants, is not to be recompensed by any resort to
the proceeds of the property sold, but that the complainants'
remedy, if any, is by a different proceeding, and personal,
against the defendants. But if this be not so, and the Court
of Chancery be competent to appropriate the fund in the hands
of the trustee, it is insisted, that the Auditor should have cal-
culated the interest on $4,000 from the 8th of July, 1844, to
the 27th of June, 1850, and then deducted the credit of $600
46 .

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 529   View pdf image (33K)
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