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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 191   View pdf image (33K)
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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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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 191   View pdf image (33K)
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