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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 411   View pdf image (33K)
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SPALDING VS. BRENT ET AL. 411
barred, and in so far as it gives to Louis Mackall, Junior,
the benefit of the plea of limitations, relied upon by him as
against claims Nos. 4 and 6. But the said report is not ap-
proved of, in so far as it allows claim No. 45 as proved and not
barred, it being my opinion, for the reasons stated, that it is
barred by limitations, and that the benefit of the statute of
limitations must be given to Louis Mackall, Junior, the party
relying upon it.
RANDALL, for the Claimants.
ALEXANDER, for the Exceptant, Louis Mackall, Junior.
BASIL D. SPALDING,
vs.
GEORGE BRENT ET AL.
JOHN SPALDING ET AL.
vs.
GEORGE BRENT ET AL.
DECEMBER TERM,1850.
[RECEIPTS IN DEEDS——VENDOR'S LIEN.]
IT is a settled principle, in this State, that the receipt in a deed is only
prima facie evidence of the payment of the purchase-money, and may be
explained or contradicted by parol.
Such receipts are inserted more for the purpose of showing the actual amount
of consideration, than its payment; and if the money is not paid, they are
intended to mean, that the specified amount had been assumed by note, or
otherwise.
The fact that the grantor has in his possession a single bill of the grantee,
given to secure the payment of the purchase-money for the land conveyed,
is sufficient to countervail the receipt in the deed.
Arbitrators, selected by children to ascertain their respective proportions of
the real and personal estate of their father, made an award on the 18th
of March, 1836, valuing said estates at $9,737 75; and. that the share of
B. S., one of the children, was $2,516 68; and that upon payment by G. S.
of the shares of his co-heirs, they should convey to him the real estate
and release the personalty. G. S., executed to B. S., his single bill for
$2,163 27, -without date, but bearing interest from the 29th of January,
1886; and on the 2d of May, 1836, B. S. gave to G. S. a receipt, stating

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 411   View pdf image (33K)
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