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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 470   View pdf image (33K)
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470 HIGH COURT OF CHANCERY.
Neale and Luckett, filed a copy of this mortgage or assignment
of the interest of Mrs. Smith therein, in this Court, and the
auditor, by an account marked C, appropriated, of the pro-
ceeds of sale to which Mrs. Smith was entitled, the sum of
$3,286 50 to Neale and Luckett, making a rebate from the
face of the assignment, of $50 39, the debt from Smith to them
not having all matured, and on the 15th of November, 1850,
this account was confirmed by the Court's order, so far as the
assignment to Neale and Luckett, and the claims of other par-
ties, against which objections had not been interposed, were
concerned.
The application now on the part of the petitioner, the trustee
of Mrs. Smith, is, that the account 0 may be corrected, and
this claim of Neale and Luckett disallowed and rejected. And
this application is founded upon the following averment in the
petition, " And your petitioner would further state, that not-
withstanding said allowance" (meaning the allowance of the
claim of Neale and Luckett, in account C), " by which said
Neale and Luckett will receive, full satisfaction and payment
from the interest of Mrs. Smith in said estate, they, the said
Neale and Luckett, afterwards sold the property mentioned in
the mortgage from Smith the husband to them," thus in effect
charging, though the amount to which the sales were made is
not stated, that these gentlemen, if permitted to receive the
sum awarded them in the account by the auditor, will be twice
paid.
The answer of Neale and Luckett to the petition, states, that
much of the property mortgaged by Smith to them, belonged
to the estate of his father, and that the sales made of that por-
tion which really belonged to him, amounted only to $500,
leaving a balance due them exceeding the sum allowed them in
the account of the auditor.
The argument now made on the part of the petitioner is, that
inasmuch aa Neale and Luckett have by their answer admitted
that they surrendered to the administrator d. b. n. of the
father of Smith, a portion of the property conveyed to them by
the deed of Smith, they are incapable of performing that con-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 470   View pdf image (33K)
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