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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 50   View pdf image (33K)
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50 HIGH COURT OF CHANCERY.
The amended bill in this case was filed, in Baltimore County
Court, on the 18th of June, 1849; and among other things it
charges that, besides the deed of trust mentioned in the original
bill as having been executed by Cooper to Joseph P. Grant,
and which that bill seeks to vacate as fraudulent, the said
Cooper bad executed to Grant other conveyances, to defraud
his creditors, and that a large amount of perishable property
was lying exposed, and in danger of loss, unless the same was
directed to be sold by the receiver appointed upon the prayer
of the original bill. And the amended bill prays that the re-
ceiver may be authorized to sell this property, and for general
relief, in respect of the new matters spoken of in this bill.
Baltimore County Court, on the same day, passed an order
that the defendants. Cooper and Grant, show cause against
this application, by a day limited, upon notice being served
upon them; and notice having been served accordingly, and no
cause to the contrary having been shown, the County Court,
on the 6th of July, 1849, passed an order, directing the receiver
to sell, upon the terms in the order specified.; and, as appears by
the report of the receiver, filed on the 9th of March, 1850,
the sale has actually been made, producing the net sum of
$4611 39.
These parties, Cooper and Grant, are parties to the original
bill, and parties also to the amended bill, and they are two of
the three defendants who have demurred to the amended bill.
Now, if this amended bill should be dismissed, either upon their
demurrer, or upon the demurrer of Benjamin P. Powers, who
was no party to the original bill, it is obvious the utmost con-
fusion and embarrassment will be occasioned. This amended
bill has been so far recognised by the Baltimore County Court
as to make it the foundation of an order for the sale of a large
amount of property, which property has actually been sold and
reported to the Court, and although Cooper and Grant, now
insisting upon their demurrer, had notice of the application for
authority to sell, they wholly omitted to do so, and suffered
the order to pass, their demurrer not having been filed until
after the absolute order for a sale had passed.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 50   View pdf image (33K)
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