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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 413   View pdf image (33K)
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SPALDING VS. BRENT ET AL. 418
the share or proportion of Basil D. Spalding of this sum, was
$2,516 65. And the arbitrators further awarded, that, upon
the payment, by George E. Spalding, of the shares of his co-
heirs thus ascertained, they should each convey to him their
title to the real estate of their father, and release their interest
in his personal estate.
It further appears, that George R. Spalding executed and
delivered to the said Basil D. Spalding, his single bill for
$2,163 27, without date, though upon the face of it, bearing
interest from the 29th of January, 1835; and by a paper, filed
by the defendant, it appears that on the 2d of May, 1836,
Basil D. gave to George R. Spalding, a receipt in the follow-
ing terms: " Received of George R. Spalding, a full consi-
deration for my entire interest in my late father's estate; and
do acknowledge myself content with my late mother's will, and
do abide thereby." There is also in the record, a deed, dated
the 18th of August, 1837, purporting to have been executed
by the heirs of George H. Spalding, conveying to the said
George R. Spalding for the consideration of $5,000, as therein
expressed, all the interest of the grantors in the real estate
of their said father. The genuineness of this deed, so far as
relates to all the grantors but Basil D. Spalding, is not con-
troverted. As to him, it is disputed; and independent of the
parol evidence, the weight of which is against the deed, so far
as he is concerned, there are upon its face marks of suspicion,
which, if it were absolutely necessary to decide upon its genuine-
ness, would press heavily in the scale against it.
As, however, I do not think, conceding that the deed was
executed by Basil D. Spalding, that it is sufficient to accom-
plish the purpose for which it was introduced, I do not deem
it necessary to express a final opinion in regard to it.
This deed contains an acknowledgment in the body of it of
the receipt by the grantors of the consideration-money; and
there is, moreover, a receipt, purporting to have been signed
by them, appended to it. And this receipt, and that of the
2d of May, 1886, before referred to, are relied upon by the
complainants in the first case, as evidence of the full and en-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 413   View pdf image (33K)
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