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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 445   View pdf image (33K)
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WILLIAMS VS. THE SAVAGE MANUFACTURING CO. 445
the lands. But the judgment of the Court being against the
complainant on this point, and it being determined that'the
purchase was not made for the Company, and that the com-
plainant is chargeable with the money of the Company, applied
by him towards paying for the lands, and the question being
with what amount he should be so charged, justice seems to
require that he shall be credited with any sums which the
Company may have received from the same lands. The right
to the deduction on this account is presented defensively, and
not by way of surcharge or falsification of the account, and it
therefore appears to me that the complainant is entitled to set
off against the charge, with respect to these lands, the value of
the wood taken by the defendant, from them, and the rents
which it may have received from the tenants.
That there is a great deal of complication and difficulty in
this case, it is impossible to deny, and though the conclusions
I have formed upon the various questions involved in it are
the result of a very careful consideration,: aided, as I have
been, by full and able arguments, I am quite sensible of the
probability that I may, upon many of them, have fallen into
error. Should this be so, the steps necessary for their correc-
tion will doubtless be taken by the aggrieved party.
The case will be sent to the Auditor, with directions to
restate the accounts upon the principles, and according to the
views hereinbefore expressed, and when this report comes in,
the extent and character of the decree will be determined, due
regard being had to the orders already passed in the cause.
[An order was passed accordingly, dated the 30th of Octo-
ber, 1852, and the Auditor having stated accounts in accor-
dance therewith, exceptions were again filed thereto, at the
hearing of which the Chancellor delivered the following opinion,
on the 27th of January, 1853.]
THE CHANCELLOR: ,
This cause, standing ready for hearing upon exceptions to
the report of the Auditor of the 12th of November last, and

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 445   View pdf image (33K)
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