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GROVER VS, GROVER. 31 The answer then proceeds to state the considerations for the said deeds, in substance as follows: That previous to the exe- cution thereof, Grover being engaged in the lumber business, had considerable dealings with respondent, and on the 1st of July, 1888, there was a, balance due respondent of $2220 95. Said Grover then transferred to respondent a certain claim of $3245, upon which respondent has since advanced the fur- ther sum of $1500, said Grover guaranteeing the payment there- of. This claim was not collected by respondent, owing to the insolvency of the party against whom it existed. On the 3rd of April, 1839, respondent loaned Grover an additional sum of $120, whereby Grover became indebted to respondent, in the gross aum of $3892 88 principal and interest up to the 15th of April, 1839. That the land conveyed by the deed then exe- cuted, was sold by said Scott and Purviance as trustees under a decree of the Court of Chancery, to said Rebecca B. Carter, who, on the 1st of March, 1838, transferred the benefit of said pur- chase to Grover, by a written agreement. That on the said 15th of April, 1839, respondent agreed to purchase said land from Grover, for $25 per acre, and in pursuance of said con- tract, paid said Scott and Purviance $1434 78, and gave Grover a discharge for said sum of $3892 88, as above, and received the conveyance of the 20th of April, in which said Rebecca joined as grantor. That this left the small sum of ^128 08 due Grover, which was afterwards fully paid and satisfied. That this contract was made, as a bonafide and fair purchase, without any reservation of any kind or nature, and without any claim or reversion on the part of Grover to said land and without any view to Grover becoming an insolvent debtor. That after this, respondent, upon the faith of the stock and implements on said farm, which were owned by Grover, made further advances to him, to a sum amounting, on the 18th of July, 1839, to more than $2000. That at that time respondent purchased and re- ceived a bill of sale of said stock, &c., for the sum of $1100. That this purchase also was bonafide and fairly made without said Grover being or contemplating to become an insolvent debtor. |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
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