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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 182   View pdf image (33K)
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182 HIGH COURT OF CHANCERY.
deed and an assignment of Henry Robinson, one of the devisees
under the will, the proportion of the proceeds of the sale to
which he, Robinson, was entitled. The deed bears date the
25th of June, 1850, and purports, for the consideration of $750,
to convey to Wilson all the interest of the grantor in the real
estate of Harper, derived under his will. The assignment,
which was executed on the 15th of July, 1851, being subsequent
to the sale under the decree, purports for value received to
transfer to Wilson the right of Robinson to the proceeds of the
sale. And the petitioner, Wilson, prays that the proportion of
the proceeds of the sale to which he is entitled by virtue of the
transfer from Robinson to him, may be credited to him and de-
ducted from his purchase. Robinson was made a party to this
petition, and by his answer admitted its allegations, and con-
sented to its prayer.
But afterwards and before an order had passed, Farquharson
interposed his petition, in which he alleges that if such sale has
been made as is set up in the petition of Wilson, the consider-
ation is grossly inadequate, and the deed was extorted from
Robinson by fraudulent practices and representations on the
part of Wilson, and that the answer of Robinson to the petition
was procured by like fraudulent practices, and he prays that
Wilson may be required to answer his petition and the deed set
aside, and the proceeds of sale paid to the petitioner, as trustee,
to be invested and applied to the use of the parties. The an-
swer of Wilson to this petition denies every allegation affecting
the 6ona fides of the transaction, and insists that the sale from
Robinson to him was fair, and for the full consideration of
$750, for which he gave his single bill with interest from the
date of the deed.
Upon comparing the amount of the purchase money agreed to
be given by the petitioner, Wilson, with the proceeds of the
sale made by the trustee, after making every reasonable allow-
ance for those circumstances which it is said caused the proper-
ty to sell for more than its intrinsic value, there certainly does
appear a startling disparity, and it would seem impossible to
say that the price agreed to be given is not grossly inadequate

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 182   View pdf image (33K)
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