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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 539   View pdf image (33K)
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STOCKETT VS. TAYLOR. 539
interest in the said mortgage, arising, as he alleged, from the
payment by him of the said $450 on account of the said note,
to secure a debt due by him to the said Franklin—the said
Welch and Whittington assenting to said assignment. That'
Barber properly paid Ann Ridgely the interest reserved in the
assignment to David Ridgely, until her death, which took place
in 1845; and the complainant insisted that the said assign-
ment to Franklin, for various reasons, carried with it no sub-
stantial interest in the said mortgage. That the said tract of
land, called "the President," had been purchased by Barber
from trustees in Chancery, on the 19th of October, 1838, and
that, at the date of the mortgage to Ann Ridgely, there re-
mained due by Barber to the trustees a portion of the purchase-
money. That the trustees recovered a judgment in Anne
Arundel County Court against the said Barber for that balance,
and on the 12th day of April, 1842, the said land was sold by
the sheriff, to satisfy said judgment, to Ezra Sheckell, and the
said Sheckell was substituted as purchaser under the decree,
with the consent of Barber. That it was then agreed by parol
between Barber and Sheckell, that the latter should sell the
land, and after paying himself all debts due to him by Barber,
and the amount of the purchase-money to be paid to the sheriff,
that the residue should be paid to Barber. That the trustees
conveyed the land to Sheckell, and that Sheckell sold the same .
to Robert Sinclair, Sr., and after retaining out of the purchase-
money the amount due to him by Barber, and the amount paid
by aim to the sheriff, there remained of the purchase-money
the sum of $1,607 81, with interest, which Sinclair was di-
rected to pay to Barber when it became due; but which, the
complainant alleges, was properly payable to Ann Ridgely and
her assigns, and should therefore have been applied to the
payment of the note of David Ridgely in bank, and then to the
payment of Franklin's debt. That Welch and Whittington,
fearing that they would be compelled to pay the said note,
were about to foreclose the mortgage to them, when Lemuel G.
Taylor agreed with them and Barber, that if Barber would
assign to him the sum due by Sinclair, he would assume the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 539   View pdf image (33K)
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