Volume 200, Volume 3, Page 191 View pdf image (33K) |
McKIM AND KENNEDY VS. MASON. 191 panying account, A, is $24,427 27, being a deficiency of something upwards of $3,000. On the 15th of November, 1845, the Powhatan Company, by its deed of that date, conveyed the mortgaged premises and the ten acres to William Mason, and on the same day Mason executed a mortgage to James Wilson, of all the pro- perty embraced in the mortgage of the Powhatan Company to the Bank, together with the ten acres which were not included therein. Subsequently, in the years 1847 and 1848, Mason erected a new cotton mill on the premises, for manufacture of cotton duck, and in this mill there was put machinery, manufactured by the Savage Manufacturing Company, and other parties. The record shows that on the 13th of August, 1846, an agreement was entered into between Mason and the Savage Manufacturing Company, by which the latter stipulated for the building of cotton machinery, at certain prices for the former, it being a part of the agreement, that the machinery itself, when built, should be pledged for the payment of the notes given therefor. Mason, the elder, having afterwards formed a partnership with William Mason, Junior, and Henry A. Barling, under the name and style of William Mason and Sons, these three parties," by their deed dated the 22d of February, 1848, conveyed by way of mortgage, certain pieces of said machinery, which are enumerated and described in the instrument to the Savage Company, to secure the payment of the money. An objection has been taken to this mortgage, upon the ground that the affidavit required by the 1st section of the<A.ct of 1846, ch. 271, was not made by the mortgagee. The affidavit was, in fact, made by George Williams, agent and treasurer of the Company, and this, I think, is quite suffi- cient to rescue it from the objection, under the provisions of the 2d section of the supplement to the original Act, passed at December Sessions, 1847, ch. 805. The objection, though thrown out in the argument, was not much insisted on. In the Auditor's statement of claims, those of the Savage Manufacturing Company, which have been assigned to other |
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Volume 200, Volume 3, Page 191 View pdf image (33K) |
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