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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 64   View pdf image (33K)
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64 HIGH COURT OF CHANCERY.
man vs. Taylor, 6 G. & J., 323. Dulaney vs. Hoffman, 7 (?. &
J., 170, and Cola vs. Albert & .Renge, 1 Gill, 418. And in view
of the principles settled in them, and the influence which the
Court of Appeals has given to the evidence upon which the
several complainants in those cases have relied to vacate pref-
erences, alleged to be void under our insolvent laws, I should
not feel myself warranted in pronouncing against the transac-
tion impeached by this bill.
It must, therefore, be dismissed, though considering it to be
a case by no means free from difficulty, it will be dismissed
without costs. The opinion which I have formed upon the
facts, renders it unnecessary to decide the legal questions which
have been so well argued by the counsel on both aides.
C. F. MAYER, DAVID STEWART and T. S. ALEXANDER for
Complainants.
J. P. KENNEDY and R. JOHNSON for Defendants.
[The decree in this case was affirmed by the Court of Appeals.]
JOHN B. PEYTON
vs. DECEMBER TERM, 1849.
ROBERT H. AYRES ET AL.
[CONSTRUCTION OF DEEDS—ANNUITY.]
In construing deeds, the courts are, first, by an inspection of the grant, to ascer-
tain what the parties intended should be effected by it, and then, so to expound
it as to accomplish that intention, unless expressions are employed which
positively forbid it.
Where the premises (which word constitutes every thing which precedes the
habendum,) make it clear that the intention was to secure the plaintiff an annuity
of #120, during the natural life of M. A., the court will construe the deed so as
to effectuate this intention, though the habendum contain no words of limitation
denning the duration of the estate.
In case of a mortgage payable by instalments, a sale will be decreed of so much
of the property as will pay the amount due, and the decree will stand as a secu-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 64   View pdf image (33K)
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