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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 218   View pdf image (33K)
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218 HIGH COURT OF CHANCERY.
which were specially directed against the allowance of claim
No. 50; and by an order, dated the 9th of the same month,
the 19th of the then ensuing July was fixed for the hearing,
with liberty to the parties in the mean time to take proof in
the usual way, and upon the usual notice, in support of their
respective claims; and the cause coming on, to be heard upon
the exceptions, and being submitted, an order passed on the
21st of July, 1852, in which, among other things, it was said,
" The payment of claim No. 50 will likewise be suspended for
further order. The proof in support of it is defective, but as
it is founded on the judgment of a Court of competent jurisdic-
tion, and no order has yet been passed in the cause, by which
claims not sufficiently proved are directed to be excluded, and
the fund is still under the control of the Court, it would not be
proper absolutely to reject it without giving the party an
opportunity to remove the objections to its allowance." And
the cause was, by the said order, again referred to the Auditor,
with directions to state a further and final account, from which
all claims should be excluded which were not sufficiently
proved.
In conformity with this order, the Auditor, on the 21st of
October, 1852, made his report, with an account marked D,
from which claim No. 50 was excluded, no new proof in support
of it having been produced. This report was filed the day
after.
Exceptions were filed by Matthews, the owner of claim No.
50, to this report, upon the ground that said claim was on its
face entitled to a preference, as founded on the mechanics' lien
law. Upon this exception no order has yet been passed; and
on the same day, to wit, the 22d of October, 1852, the said
excepting creditor filed his petition, in which, among other
things, it is stated, that he had always understood from the
trustee who made the sale, that a proper amount of the trust
fund would be retained, to answer and abide the result of the
appeal which had been taken by the trustees against his claim,
and which was still depending in the Court of Appeals, and
praying that the cause might be again remanded to the Auditor,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 218   View pdf image (33K)
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