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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 467   View pdf image (33K)
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NOTLEY YOUNG'S ESTATE. 487
said trustees, whereby petitioner is left the sole trustee. That
Exhibits A and B are evidence of the facts and conditions
therein contained, and the petition then prays that the mort-
gage debt allowed Neale and Luckett, in Account 0, may be
disallowed and rejected, and for general relief.
The answer of Neale and Luckett denies .that the mortgage
executed by Mrs. Smith was ever intended or received as a
conditional security, but was executed and. received as an
absolute one, to be made available at the very earliest proper
moment, and that the securing any interest in her husband's
property to her, was any condition or consideration precedent
to her executing the same, and avers that a greater portion of
the property mortgaged to them by Smith, belonged to the
estate of his father, and that they, having consulted counsel
as to the title thereto, surrendered their interest in the same
to the administrator d. 6. n. of said Smith's father; that they
then sold that portion which belonged to Smith, from which
they realized $500, with which they credited him, and that there
still remains due them a considerable amount over that awarded
them by the Auditor's account.
Upon this petition and answer, the Chancellor delivered the
following opinion, on the 20th of November, 1851, in which
the facts of the case will be found sufficiently stated.]
THE CHANCELLOR:
Assuming that no technical objection exists to granting the
prayer of the petition filed by George F. Maddox, trustee of
Heloise Smith, on the 25th of February, 1851, the fate of the
petition must depend upon'the construction of the two deeds
of the 27th of January, 1849, exhibited with it. For I entirely
agree with the counsel, that these deeda are to be regarded as
part and parcel of one and the same transaction, and that the
rights of the parties are to be determined upon their legal
effect, irrespective of the parol evidence, which being excepted
to, must be rejected as inadmissible, there being no allegation
or proof that any term or stipulation contained in them, re-
sulted from fraud, accident, or mistake, or that from any one of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 467   View pdf image (33K)
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