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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 472   View pdf image (33K)
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472 HIGH COURT OF CHANCERY.
ment of the debt due thorn from Smith. They had a perfect
right, in my opinion, to resort to either, or both of these secu-
rities, for the payment of the debt du6 them; and all that
Mrs. Smith can demand is, that upon satisfaction of their
claim, they shall convey to such persons as she may appoint
the property mentioned in the mortgage of her husband, for
her separate use. This they offer themselves ready and will-
ing to do, and it is all that can be asked of them. It is no-
where alleged or pretended that the safety of the property in
the mortgage from Smith, the husband, has been endangered,
or its value impaired by any act attributed to these parties; and
So far from their being under an obligation to proceed first
against the property mentioned in it for their satisfaction, it
seems to me quite manifest, from the terms in which the two
deeds are couched, that it was the desire and intention of the
parties that satisfaction should be made out of the proceeds of
the real estate, rather than from the personal estate mentioned
in the mortgage executed by Smith, the husband. This con-
clusion I think altogether reasonable, whan it is remembered,
that with reference to the proceeds of the real estate, no provi-
sion is made for securing these proceeds for the separate use of
Mrs. Smith; whilst with regard to the personal property, men-
tioned in the mortgage, such a provision is carefully intro-
duced. The inference, I think, is very fair from this, that it
was the intention and expectation of the parties that the debt
of Neale and Luckett should be paid out of the proceeds of the
real estate.
It will be seen, from what has been said, that I do not think
the title of Neale and Luckett to be paid their claim out of the
proceeds of this estate, depends upon the recovery from them,
by legal proceedings, of the personal property conveyed by the
mortgagee. My opinion is, that assuming the facts to be as
stated in their answer, and they are not only uncontradicted
but sustained by the evidence, all that Mrs. Smith or her
trustee can demand is, that when Neale and Luckett are paid,
they will convey to Mrs. Smith's appointee, as provided for in
the mortgage; and this they profess themselves ready to do..

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 472   View pdf image (33K)
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