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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 74   View pdf image (33K)
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74 HIGH COURT OF CHANCERY.
amounts so received by him, and also the number and names of
the negroes in his possession as such administrator.
The answer, after denying that the complainant was a cre-
ditor of the said estate upon any account, and setting up
various defences to her said claim, all of which sufficiently ap-
pear from the opinion of the Chancellor, as to such parts of
the bill as are intended to impeach his administration accounts
settled in the Orphans' Court, says, that the said accounts are
in all respects, as he verily believes, just and true, and that he
relies upon the same as true in all respects, and that if he
shall be required, he will produce before the auditor of this
Court all vouchers in his possession, and sustain the several
allowances by such proof as may be required.
To this answer, the defendant filed seven exceptions, the
character of which sufficiently appears in the following opinion
of the Chancellor, delivered at the hearing thereof at July
Term, 1847.]
THE CHANCELLOR :
This case comes now before the Court upon the order of the
12th' of July last, passed upon the exceptions of the com-
plainant to the defendant's answer; and arguments have been
submitted by the solicitors of the parties. These, together
with the pleadings and exceptions, have been read and consi-
dered.
Though, as in the case of Owens vs. collinson, 3 Gill &
Johns., 25, an administrator may, when called upon to account
to the Court of Chancery, exhibit with his answer, and explain
not only the accounts passed in the Orphans' Court, but
the vouchers for the credits therein allowed him, I am of
opinion that it would be of pernicious tendency to compel him
to do so. It might cause the pleadings to run into a degree of
prolixity which would be extremely inconvenient. The ac-
counts settled with the Orphans' Court are prima facie evi-
dence in suits relating to matters contained in them, and he
who disputes their correctness has the onus upon him. The
vouchers, the Chancellor thinks, are to be regarded as evidence,
and need not be filed as part of the pleadings. It must be

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 74   View pdf image (33K)
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