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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 207   View pdf image (33K)
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McKIM AND KENNEDY VS. MASON. 207
in three aspects. In one account treating them as fixtures,
and applicable to the payment of the prior mortgages; in
the other aa personal estate, and applicable to the satisfaction
of the mortgage of Spence and Heed; and in a third account,
as subject to the mechanics' lien: and these questions will be
reserved for further consideration and order.
In regard to the question raised by one of the exceptions as
to the apportionment of the rent received by the trustees, I
am of opinion that it should not be credited to the several lien
holders in proportion to the amount of their several claims.
The proof shows the machinery is impaired in value by its
use to a much greater extent than the buildings and real
estate; and, therefore, in apportioning the rent there should be
given to the holders of the lien on the machinery such propor-
tion thereof, as according to the proof they would be entitled
to, in view of the greater wear and tear to which the machinery
is exposed.
The foregoing views are expressed aa indicating the opinion
of the Court upon the questions which have been argued, and
an order would now be passed sending the cause to the Auditor
to State accounts, in conformity therewith, but for the pendency
of two petitions; one filed by William Mason and William
Mason, Jr., on the 22d December last, and the other by Adam
and William Denmead on the 31st of January last. The hear-
ing of these petitions has been postponed by consent of coun-
sel; and as it cannot now be known what effect they will have
upon the rights of the parties to them, it would be premature
to pass an order determining those rights.
An order having been filed by the Savage Manufacturing
Company, dismissing their exceptions and petition as to the
commissions of the trustees, and their counsel fees, an order
will now be passed ratifying the report of the Auditor, except
as to the disputed portions thereof.
[The petition of the Denmeads afterwards coming on for
hearing, the Chancellor delivered the following opinion.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 207   View pdf image (33K)
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