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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 392   View pdf image (33K)
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392 HIGH COURT OF CHANCERY.
has a right in equity to compel the former to resort to the
other fund in the first instance for satisfaction, if that course
is necessary for the satisfaction of the claims of both parties.
Aldrich vs. Cooper, 8 Ves., 388, 395, 396; Exports Kendall,
n Ves., 520; Cheesbrough vs. Millard, 1 Johns. Ch. Sep.,
418.
I do not, however, propose at this time to go into any
inquiry as to the applicability of the doctrine to this case, nor
do I think it necessary to examine into or to express any opi-
nion in regard to the consideration of the mortgage to the
United States Insurance Company. All I mean to decide is,
that assuming the consideration to be a valuable and fair one,
that mortgage is to be preferred to the mortgage to the Gene-
ral Insurance Company.
CONSTABLE and FARNANDIS, for the United States Insurance
Company.
PRATT and WALLIS, for the General Insurance Company.
JAMES KENT,
vs. DECEMBER TERM, 1860.
JOHN R. RICARDS ET AL.
[ATTORNEYS, POWERS OF.
AN attorney, who has a claim for collection, cannot, without the authority
of his client, take a bond or anything else but money, in satisfaction of
the debt.
But the power of the attorney over the conduct of the cause, is coextensive
with that of his client; he may agree not to demand a judgment, or stipu-
late for a cessat executio, and any violation of this agreement will give the
opposite party title to relief, as if the agreement was made with the
express authority of the client.
When an appearance of an attorney is entered on the record, it is always
considered that it ia by the authority of the party, and whatever is done
in the progress of the cause by such attorney, is considered as done by
the party, and binding upon him.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 392   View pdf image (33K)
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