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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 540   View pdf image (33K)
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540 HIGH COURT OF CHANCERY.
payment of the said note—the said endorsers to suspend pro-
ceedings under the mortgage. That Barber assigned the said
sum, and Sinclair gave Taylor his note for the same, and exe-
cuted to him a mortgage of the farm to secure its payment,
dated 28th August, 1843. That Taylor, on the 10th of Ja-
nuary, 1834, delivered to the Bank his note, endorsed by Welch
and Whittington, for the full amount due on the note of the
said David Ridgely, and had the Bank's judgments against
Welch and Whittington entered to his use. That a balance is
now due upon Taylor's note to the Bank. That Sinclair has
long since paid Taylor the amount of his note to him, and ob-
tained a release of the mortgage. That at the time of the said
agreement, Barber gave Taylor the authority to receive the
rents of the house and lots in Annapolis, to save him from loss
on account of the said note in bank; that Taylor received the
rents for some time, and then re-delivered the said property to
Barber, and that Taylor, from various sources, has long since
been more than indemnified for any loss on account of said
note. That on the 24th day of July, 1849, the Sheriff of Anne
Arundel County offered for sale the said house and lota, under
a judgment due by Barber to the A. & E. R. Railroad Com-
pany, recovered in October, 1848, when the complainant be-
came the purchaser thereof; that he has paid the sheriff for
the same, and has received from him a conveyance thereof, and
entered into possession. The bill then prays that an account
may be taken, to ascertain the amount due upon the mortgage
to Ann Ridgely, and that upon the payment thereof by the
complainant, the said mortgage, and the several assignments
thereof, may be released to him, and the judgments against the
said house and lots be entered satisfied, or that the property
xnay be sold by this Court, and the proceeds brought in for
distribution among those entitled, and for further relief.
The defendants filed their answers, the purport of which
sufficiently appears from the Chancellor's opinion.]
THE CHANCELLOR:
The pleadings in this case are voluminous, and present a

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 540   View pdf image (33K)
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