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144 HIGH COURT OF CHANCERY.. wife to be allowed alimony, that is, a suitable support and maintenance for herself and children by the husband or out of his property, would be favorably entertained by this Court, although a divorce, a mensa et thoro, was not likewise asked for. But the bill in this case does not ask that alimony may be paid the complainant by her husband, or out of his estate. After averring the marriage, and that her husband abandoned her in the year 1849, and has not since returned, the bill pro- ceeds to charge that the husband being possessed and having title to sundry negro slaves, undertook to convey the same to a certain Samuel Dunnock: that the instrument by which the conveyance was made, was obtained from her husband, who was of intemperate habits, and liable to improper influences by the undue importunities of his relations, and that although it purports to be for a valuable consideration) yet no such con- sideration was in fact paid, but that the design of the parties 'was to defraud the complainant of her right to a reasonable maintenance, and of all interest either present or prospective in the property. And the prayer is that the negroes may be placed in the hands of a receiver; and that from their hire a reasonable provision may be made the complainant, or that they may be divided, and she be allowed to take one-third thereof so long as the separation between her and her husband may continue. The bill also contains an allegation that the complainant has been left by her husband without any adequate means of support, and in destitute circumstances. And it is upon these allegations, of marriage, abandonment, destitution, and the imputed fraudulent character and motives of the con- veyance, that the peculiar prayer for relief is prayed. The instrument in question is a bill of sale of sundry negro slaves, executed for the consideration, as therein expressed, of twelve hundred dollars, paid by the grantee to the grantor, and the objection of an improper stamp having been used, being obviated in the mode pointed out by the Act of Assembly, it was then duly recorded in the proper office. This bill of sale is set up by the answer of Samuel Dunnock, the grantee, |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 144 View pdf image (33K) |
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