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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 492   View pdf image (33K)
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492 HIGH COURT OF CHANCERY.
that contained in Exhibit B, was first made known to him only
a short time before the sheriff's sale, which was long after he
had made large advances, and incurred heavy responsibilities
for said Hobbs. That notwithstanding his total ignorance of
any such agreement as that set up in Exhibit B, up to the time
stated above, yet regarding the land to be worth more money
than the aggregate of all the liens created by Hobbs which bind
it, he has been always willing and ready to secure complainant,
since his said purchase, an annuity for life equal to the interest
upon the price of the whole land at eight dollars per acre, and
the principal to her children after her death, except the part that
would belong to Hobbs, provided he has made to him a good,
quiet, and sufficient title to the land, and before the filing of
this bill, he made this offer to a friend of the complainant, who
in her behalf applied to him to settle this claim. That not-
withstanding complainant is seeking the relief prayed in her
bill, she has been holding possession of a part of the premises,
and deforcing him of the possession thereof. That he had no
knowledge of any arrearages for annuity or rent due by Hobbs
to complainant at the time of the sheriff's sale, and at that
time no notice whatever was given thereof.
The purport of the proof taken in the case sufficiently ap-
pears from the opinion of the Chancellor.]
THE CHANCELLOR:
Upon carefully reading and considering the pleadings and
proofs in this case, I am of opinion that the equitable lien of
the vendor, for the unpaid purchase-money, attaches to the
land sold and conveyed by the complainant to William A. G.
Hobbs, on the 2d of February, 1832, and subsequently mort-
gaged by Hobbs to the defendant, Valentine Bryan. The an-
swer of this defendant admits that prior to the sale to him by the
sheriff, in September, 1844, he was informed by the complain-
ant that the purchase-money remained unpaid, and that after-
ward, and as it appears also, prior to his purchase from the
sheriff, he learned that the complainant claimed that she was
entitled to other considerations besides the money consideration
to be paid her by Hobbs.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 492   View pdf image (33K)
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