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PUBDY VS. PURDY. 549 Bank of Maryland, to secure the payment of the sum of $4,125, borrowed of the Bank on their joint note, endorsed by William O'Hara and Joseph N. Stockett, the money being borrowed for and applied to the payment of the said land. And it is further shown and admitted, that Galen and Henry Purdy have paid the whole of their share of the debt due the Bank, and that the balance still due being about $228, is to be paid by Thomas Purdy and John Purdy, though the Bank holds all the parties to the note and the entire mortgaged pre- mises responsible for such balance. It is also shown that in the year 1845, these parties, Thomas, John, Henry, and Galen Purdy, appointed by parol, two persons, to make a division between them of a parcel of land inherited from their father, John Purdy, and of that purchased from Stockett and wife, and that in pursuance of such appointment, they did, in that year, make a division, causing the lands to be surveyed and a plot and certificate made by the County Surveyor, designating one portion as lot No. 1, and the other as lot No. 2. That it was then agreed between the parties, that Henry and Galen Purdy should occupy one side of the division line marked by the parties selected for the purpose, and that John and Tho- mas Purdy should occupy the other aide. That lot No. 1, which was to be taken by Henry and Galen Purdy, embraced all the land which descended to the parties from their father, John Purdy, except about twenty acres, and also of from eight to twelve acres of the land purchased from Stockett and wife. And that lot No. 2, which was to be taken by John. Purdy and Thomas Purdy, included the entire residue of said two parcels of land. And it was in proof, that the said parties occupied and cultivated the said property separately, according to said division, in the year 1845, and that no attempt was ever made to disturb the same during the lives of Henry and Galen, who died in October, 1850, Galen having survived Henry a few weeks only. The question presented now is, whether the widow of Galen, under this. state of facts, is entitled to dower in that portion of the land purchased of Stockett and wife, which ia comprehended Vol. III.—86 |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 549 View pdf image (33K) |
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