| Volume 200, Volume 3, Page 312 View pdf image (33K) |
 |
|
|
 |
|
|
312 HIGH COURT OF CHANCERY. answer, denies the regularity of the proceedings on the part of the present plaintiff, yet he expresses his willingness to account, as the Court may direct, in the premises. Having expressed these views, the parties will proceed with the cause as to their counsel may seem proper. That O'Hara, the new guardian, may file a supplemental bill, is quite clear; Story's Eq. PL, sec. 340. [Further proceedings were then had, and accounts were stated by the Auditor, to which both parties filed exceptions, the nature of which sufficiently appears from the following opinion of the Chancellor, delivered upon the hearing thereof.] THE CHANCELLOR: The material question arising upon the exceptions taken by the parties to the report of the Auditor in this case, relates to the responsibility of the defendant Shepherd, for the loss occa- sioned by the loan of $1,000 to William McNeir, in May, 1842. Shepherd was the administrator of Hezekiah Coberth, and in that capacity, on the 13th of May, 1842, he loaned to Wil- liam McNeir of the money of his intestate, the sum of $1,000, taking as security therefor a mortgage, executed by the bor- rower and his wife on. certain real and personal property in the city of Annapolis, payable twelve months after date, with interest. This mortgage, though signed by the mortgagors on the 13th of May, was not acknowledged by them before the judge who took their acknowledgment until the 19th of the month, on which latter day, as appears on the face of the instrument, it was assigned by Shepherd, as administrator of the deceased, to George McNeir, as the guardian of his infant son, Hezekiah W. Coberth. The assignment was acknowledged by Shepherd before the same judge, and at the same time that the acknow- ledgment of the deed was taken, and the whole recorded toge- ther on the 11th of the then ensuing October. |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 312 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives