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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 336   View pdf image (33K)
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836 HIGH COURT OF CHANCERY.
was subsequently assigned in part to John Glenn; and the
claims of Mr. Glenn and Mr. Patterson, formed therein, are
designated in the report of the Auditor as claims Nos. 4
and 5.
It also appears that on the 9th of May, 1844, Edward H.
Dorsey, the assignee of the equity of redemption of Rebecca
Dorsey, and the mortgagor in the mortgage to Patterson,
passed to the Baltimore Life Insurance Company, the assignee
of the Neptune Insurance Company, his three promissory
notes endorsed by James Swann, for $443 55, payable respec-
tively at ninety days, six months, and one year, and being for
the amount of interest due on the mortgage, to the 9th of
May, 1845. That these notes were, at maturity, paid to the
Life Insurance Company by said Swann, and the amount there-
of, with interest, having been repaid to Mr. Swann by David
Stewart, Esq., one of the trustees for the sale of the property
under the decree of this Court, the claim in question, designated
as No. 12, has been stated by the Auditor as due him.
The fact that these notes were given to the Baltimore Life
Insurance Company, on account of interest due on the mort-
gage of Rebecca Dorsey to the Neptune Insurance Company,
and that they were at their maturity paid by Mr. Swann to
the Baltimore Life Insurance Company, the assignee of the
said mortgage, and that the money has since been repaid to
Mr. Swann by Mr. Stewart, appears by the depositions of Mr.
Swann, and Mr. Donaldson, the President of the Insurance
Company, and I state these as facts in the cause, upon the
assumption that the depositions are admissible in evidence,
though the competency of Mr. Swann as a witness is excepted to.
But assuming the facts to be established by competent tes-
timony, the question arises whether Mr. Swann or Mr. Stewart,
who has paid him the claim, can, to the extent of the sum so
paid, be permitted to stand in the place of the prior mortgagee,
and be subrogated to his rights ?
No assignment, in fact, was made by the Baltimore Life
Insurance Company to Mr. Swann, upon the payment of the
money by him -or since, and if he is entitled to occupy the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 336   View pdf image (33K)
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