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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 208   View pdf image (33K)
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208 HIGH COURT OF CHANCERY.
THE CHANCELLOR :
All of the questions raised by the exception to the report of
the Auditor in this case were considered, and the views of the
Court expressed upon them in the opinion above; and the
cause would have been referred to the Auditor to state an ac-
count accordingly, but for the interposition of two petitions,
which were then depending, the hearing of which was post-
poned by consent of counsel. One of these petitions, that
filed by William Mason, Sen., and 'William Mason, Jr., has
been dismissed by the petitioners themselves, and is of course
now out of the way; and upon that filed by Adam and Wil-
liam Denmead on the 31st of January last, counsel have been
heard.
The nature of the claim of the Bank of Baltimore, and its
title to be paid out of the proceeds of the sales made by the
trustees under the decree in this case, has been fully consi-
dered, and need not now be examined. The Bank became the
purchaser of the property mortgaged to secure its claim in the
month of July, 1851, and subsequently, in November of the
same year, sold the same to the Messrs. Mason for the price
which it gave at the trustee's sale, to which was to be added
the insurance and other charges paid by the Bank, amounting
to little upwards of $1,400.
The Messrs. Mason have paid a part of this purchase-
money, but a considerable portion remains unpaid, and the
Bank retains the title to the property under the mortgage,
and under the purchase made by it at the sale of the trustees
as its only security. The nature of the contract between the
Bank and the Messrs. Mason, and all that is material to know
in relation to the transaction between them, will be found in the
deposition of Mr. Jamieson examined by the petitioners, the
Messrs. Denmead.
It is urged on the part of the petitioners, that under these
circumstances it is not competent to the Messrs. Mason to
hold the machinery, which has been decided to be a fixture,
and to constitute a part of the mortgage security, as against
the petitioners who made it and put it into the building; that,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 208   View pdf image (33K)
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