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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 546   View pdf image (33K)
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546 HIGH COURT OF CHANCERY.
payment of the mortgage debt; that he is to be credited with
the several sums paid by him to the Bank, and that any
balance which may remain in his hands after such credits are
allowed him shall be applied—firstly, to the payment of what
may remain still due to the Bank; and secondly, to the pay-
ment of the claim of George E. Franklin, assignee of David
Ridgely. If it should appear by the accounts that the mort-
gage debt is not extinguished and fully satisfied by this appli-
cation of the money received by the defendant Taylor, or if
from any other cause the money so received should prove to
be unavailable for that purpose, then I am of opinion that the
property purchased by the complainant is liable and must be
sold, or may be redeemed by such payment as may hereafter
be determined.
[The Chancellor then passed an order in accordance with
the foregoing opinion. Four accounts were stated by the Au-
ditor; and on the 8th of May, 1850, the Chancellor passed a
decree ratifying accounts A and B, and ordering the com-
plainant to pay to Taylor and Franklin the sum assigned them
in said accounts, and the defendant Taylor to pay to the Bank
the residue of the amount due on his note: and that upon the
payment of the said sums, the mortgages upon the said pro-
perty should be decreed to be released and the judgments
entered satisfied, and the complainant should hold the said
property discharged from all claim of any of the parties to the
suit: and that in default of such payment by the complainant
or defendant Taylor, by a day limited, the property should be
sold by a trustee named in the decree.]
FRANK H. STOCKETT, for Complainant.
A. RANDALL, for The Bank and Franklin.
McLEAN, for Taylor.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 546   View pdf image (33K)
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