Volume 200, Volume 3, Page 176 View pdf image (33K) |
176 HIGH COURT OF CHANCERY. deceased, Catharine Drake, and certain others, who are charged as tenants coming in under the said Catharine. And it prays that, the title of the complainant to said premises may be quieted, and that the rents accruing thereon may be decreed to be paid to him, and for general relief. It prays also for an injunction to prevent the said O'NeiII, Lechler, and Fleming, from intermeddling with said rents, and that a receiver may be appointed, to collect and apply the same under direction of the Court. The deed from Catharine Drake to complainant, professes to convey the grantor's interest in the property, which had been conveyed by William Drake, her former husband, to James Mowatt, by deed dated 3d January, 1825, and by William Krebs to James Mowatt, by deed dated 2d February, 1825, and by Feinour and Drake to complainant, by deed dated 17th December, 1839, and all other the property, estate, and effects of the said Oatharine Drake, and the trusts are as stated in the bill. The deed from William Drake to James Mowatt, conveys three parcels of leasehold to the grantee, in trust, " for the sole and exclusive use and benefit of Oatharine Drake, wife of the said William Drake, her executors, administrators, and assigns, free, clear, and discharged of any control of her hus- band, with full and complete power and authority to her, to convey, transfer, and dispose of the same, by indenture of assignment, under her hand and seal, and by last will and testament." The deed from Krebs to Mowatt, conveys a lot to Mowatt in fee, in trust " for the sole and exclusive use and benefit of the said Catharine Drake, and her heirs, and with full power to her to sell and convey the same by deed or devise the same by last will." The deed from Peters to complainant, conveys leasehold in trust " for the sole and exclusive use and benefit of the said, Catharine Drake, and that free, clear, and discharged from the claims of any husband, which the said Oatharine may here- |
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Volume 200, Volume 3, Page 176 View pdf image (33K) |
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