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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 332   View pdf image (33K)
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382 HIGH COURT OF CHANCERY.
of the defendants, and three other parties, certain lands, and
took a bond of conveyance therefor, signed by all the parties.
They paid the purchase-money aa it came due, excepting the
last two notes for $300 each, due to the defendants respec-
tively, which they refused to pay, upon the ground that certain
taxes upon the lands, for the years 1845 and 1846, had not
been paid by the defendants; and the present bill was filed for
an injunction to restrain the defendants from proceeding at law
to collect these notes. Upon this bill the Chancellor made
the following remarks.]
THE CHANCELLOR:
An injunction cannot issue upon this bill without a bond.
The opinion of the Court of Appeals, in the case of Alexander
vs. Ghiselin, in 5 Gill, 188, establishes the rule in all such
cases. The bill does not state how much will remain due after
deducting the taxes, for which a credit is claimed. This should
appear, and this balance ought to be brought into Court, to be
paid to the defendants, the vendors of the land.
[An amended bill was then filed, setting forth the amount of
the taxes for which a credit was claimed; and the amount of
the notes, with interest, was paid into Court. An injunction
was then granted, as prayed, upon the filing of a bond, and
after answers, proof, and other proceedings, the case was set
down for final hearing, when the Chancellor delivered the fol-
lowing opinion, in which the facts of the case are sufficiently
stated.]
THE CHANCELLOR:
If this could, upon any fair construction of its statements,
be regarded as a bill for the specific performance of the con-
tract of purchase, mentioned in the bond of conveyance filed aa
an exhibit, there could, of course, be no doubt of the jurisdic-
tion of this Court to grant that relief, and it would certainly
be quite willing to do so, provided the facts and circumstances
of the case made it proper.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 332   View pdf image (33K)
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