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136 HIGH COURT OF CHANCERY. its policy, and the manifest justice of the provision may be permitted to have some little influence when a question not free from doubt is presented. The Court was called upon in the case of Hughes vs. Jones, 2 Maryland Ch. Decisions, 179, to consider this subject, and it was then said, that if "the want of jurisdiction is apparent, the delay, and the circumstances under which the objection was made, must be disregarded, however severely it might operate; but if there be any doubt upon the subject, the Court may surely take these circum- stances into consideration, and be induced by them to give un- willing heed to the objection." In this case, the answer rests the ease upon the merits disclosed by it, and the general repli- cation was entered, and a commission by consent of parties was issued to take proof more than two years ago. But in addition to this reason why the Court should not now lend a willing ear to the objection to its jurisdiction, it is by no means certain that the plaintiff has that plain, adequate, and complete remedy at law which should deny him the aid of Chancery. The action of trover would only enable him to recover damages for the demand and refusal, and the plaintiff had no authority to make the demand until after he took out letters of administration in December, 1849, which would fall far short of his recovery under this bill if he succeeds in getting a decree. Fishwick vs. Sewell, 4 H. & J., 394. Besides, in the action of trover, he recovers only damages against the defen- dants, giving him a personal demand against them, which it must be obvious may be a much inferior security, to a decree which shall direct a specific delivery of the bonds and notes to the complainant. If replevin is brought, the complainant must give bond with surety for a large sum of money, which in many cases may be extremely inconvenient, and in some impossible; besides, that it would be requiring of an administrator to as- sume a personal responsibility, which should not be lightly de- manded of him. This circumstance, it will be seen, had some weight attached to it in the case of Hughes vs. Jones, already referred to. Besides, even if replevin were brought, and the notes under it delivered to the complainant, the defendant upon |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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