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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 461   View pdf image (33K)
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NOTLEY YOUNG'S ESTATE. 461
has been said, indicated the grounds upon which my opinion
rests. An order will be passed dissolving the injunction.,
"BARRY, for Complainant.
WALLIS and THOMAS, for Defendant.
IN THE MATTER OF THE ESTATE
OF NOTLEY YOUNG.
DECEMBER TERM, 1851.
[HOTCHPOT—PAROL PROOF TO CONTRADICT OR VARY THE TERMS OF A DEED——
CONSTRUCTION 0F DEEDS—ACT OF 1825, OH. 50, RELATING TO MORTGAGES—
CHANCERY PRACTICE—ATTORNEY—LIMITATIONS.]
THE right which the heirs have, that the estate advanced should be brought
into hotchpot, is a legal right, and no alienation or incumbrance placed
I by the heir advanced upon the property given by way of advancement,
can defeat it.
The insolvency of the personal estate of the ancestor constitutes, in a Court
of Equity, no objection to bringing an advancement of personalty into
hotchpot with real estate, or the proceeds of real estate.
Where a deed is not attacked upon the ground of fraud, accident, or mistake,
parol evidence is inadmissible to. add to, vary, or change its terms.
When & deed is impeached for fraud, by disproving the consideration, ex-
pressed in it, a different consideration changing its character cannot tie
set up.
Where the consideration has not been disproved, parol evidence of the same
kind of consideration, differing only in account, may be offered to rebut
any imputation of fraud attempted to be oast upon the deed.
A husband executed a mortgage to secure a debt, and after payment thereof
the mortgagees were to hold the property, or convey it to the appointee of
the grantor's wife for her separate use; and on the same day, the hus-
band and wife assigned to the game mortgagees, the wife's interest in the
real estate of her father. HELD—
That the mortgagees had a perfect right to resort to either, or both of
these securities, for the payment of their debt; and all that the wife can
demand is, that after'payment of their claim, they shall convey to her
appointee the property mentioned in the mortgage of the husband.
A stipulation in & mortgage to secure a specific sum, that it should cover

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 461   View pdf image (33K)
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