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O'HARA VS. SHEPHERD. 309 Various proceedings were then had in the cause; and on the 10th of October, 1845, the Chancellor passed a decree that the parties "Account of, and concerning the several matters and things, as set forth in the pleadings in the cause," &c. After this, George McNeir resigned his guardianship, re- moved out of the State, and William O'Hara, who was one of the sureties on said McNeir's guardian's bond, was appointed guardian in his place; and on the 18th of February, 1850, filed a supplemental bill in the cause, in which, after reciting the previous proceedings in the cause, he avers that the loan of $1,000 to William McNeir, and secured by a mortgage on cer- tain property, was made without the knowledge and consent of George McNeir, the former guardian of the minor, and that if it ever received the approval of the Orphans Court, such approval was procured through fraudulent concealments by Shepherd as to the value of the property given as security for the loan; that the same was wholly inadequate as such security, and has since been sold under prior mortgages which it has failed to pay, so that there will be a loss to the minor of nearly the whole sum, with interest. This bill, then, prays' that Shepherd may be compelled to account for this sum, with interest; and in addition to the relief prayed for by the origi- nal bills, prays also that the property mortgaged by Shep- herd to secure the loan to himself of $2,000, may be decreed to be sold to pay the same; or if this cannot be done, then, that a receiver may be appointed to take charge of it, and for general relief. The answer of Shepherd to this bill, denies its allegations as to the loan to William McNeir, and insists that it was known to George McNeir, the former guardian, and was ac- tually made with his consent, and at his suggestion, and that it has received the approval of the Orphans Court, without any such false representations or concealment on his part, as ' charged in the bill. It also denies the regularity of the pro- ceeding, in filing this supplemental bill; and insists that the decree of the 10th of October, 1845, dispensed with the neces- VOL. Ill—21 |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 309 View pdf image (33K) |
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