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3S8 HUSH COURT OF CHANCERY. Mitchell, by which proceedings he became possessed of every- thing she bad previously owned. That these conveyances were obtained from her, under a full and complete persuasion that she was at that time his wife, she being aware of no legal impediment to her marriage. The answer further states, that this marriage was subse- quently renounced by the parties, and that said Henrietta, upon becoming acquainted with its nullity, from that time no longer cohabited with the said Mitchell, who was afterwards pro- secuted criminally and convicted for his infraction of the law. The defendants, Kennedy and Glenn, further state, that soon after this marriage, to wit, on the 25th of August, 1825, for what reasons they are not aware, said Mitchell executed to them a deed of trust of all the property which had been con- veyed \o him by said Henrietta, in trust, first, to sell the whole or part thereof; secondly, after paying expenses, to pay the claims of the grantor's two daughters, Elizabeth and Maria, his wards; and third, to pay over the residue to him. Thai about the date of that deed, they understood that said Henri" etta, and her two half-sisters, Maria and Elizabeth, were living on good: terms, and they were then and subsequently frequently informed by said Mitchell, that both Elizabeth and Maria had expressed determination to release their father from all claims they might have against him, when they should come of" age. That after the prosecution against Mitchell, above referred to, and after said Henrietta had separated her- self from him, and taken shelter under the protection of her friends, proceedings in Chancery was instituted by her, to set aside her deeds before referred to, made on the 28d and 24th of March, 1825, by a bill filed in this Court, in July, 1826, set- ting forth the grounds upon which she asked a decree declar- ing them void, and to compel a reconveyance of the property, to which proceedings the defendants beg leave to refer, and to make the game, and the facts therein stated, part of this their answer. That about this time, also, proceedings wore insti- tuted in the Orphans' Court of Baltimore County, to deprive Mitchell of the guardianship of his daughters, and an order to |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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