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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 243   View pdf image (33K)
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McCLELLAN VS. KENNEDY. 243
aaid Henrietta A. Bedford is willing and hath agreed to pay
and satisfy all and singular the debts due by the said Richard
Bennet Mitchell, and intended to be secured and paid by and
from the said trust fund, and the said Henrietta A. Bedford
bath actually paid or secured to be paid all and singular the
aforesaid debts, and hath also agreed to indemnify and save
harmless the, said John P. Kennedy and John Glenn, from all
responsibility and engagements heretofore incurred or entered
into by or on account of the aforesaid trust," the grantors
convey the property therein described to the said Henrietta
A. Bedford in fee simple. 6th. The deed of the 18th of
October, 1827, from Henrietta A. Bedford to John Hillen.
This deed recites that whereas, in the deed last mentioned, "it
is witnessed, that in consideration that the said Henrietta A.
Bedford had undertaken to indemnify and save harmless the
said Kennedy and Glenn, on account of certain debts due and
owing by said Richard B. Mitchell, and therein mentioned, or
the non-payment thereof," the said Glenn and Kennedy se-
cured to her the property therein and hereinafter mentioned,
"and, whereas, the said John Hillen hath agreed to become,
and hath actually become bound and engaged, together with
the said Henrietta A. Bedford, and as her security in a penal
bond to the said Kennedy and Glenn, conditioned to secure
them harmless, as aforesaid, and for the purpose of securing
and saving harmless the said John Hillen, on account of the
said securityship, as also for the purpose of enabling the said
John Hillen to raise money for the payment of the said debts,
or some of them, by a sale of the premises hereby conveyed or
a part thereof," and then conveys the same properly mentioned
in the preceding conveyance to said John Hillen, in trust, to
sell the same or any part thereof, and apply the proceeds, 1st,
to the payment of the expenses of the trust; 2d, " to the pay-
ment of all or any of the debts hereinbefore mentioned, with
the interest and costs thereon;" and 8d, to pay the balance
and such of the property as may remain unsold to the grantor
and her heirs and assigns. 7th. The deed of the 6th of Octo-
ber, 1832, from said Kennedy, Glenn and Mitchell, to Hen-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 243   View pdf image (33K)
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