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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 253   View pdf image (33K)
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OHIO LIFE INS. AND TRUST CO. VS. WINN & ROSE. 053
THE CHANCELLOR:
Upon consideration of the questions presented by the report
of the Auditor and the exceptions of the parties, I am of opin-
ion first, that the direction in the will of John Ireland that his
executor should sell his real estate, operated a conversion of it
out and out into money upon the death of his widow, in the
view of this court, and consequently that the Auditor was in
error in assuming that the conversion was only to the extent of
the legacies to the three grandchildren. The general rule that
land articled or devised to be sold and turned into money shall
in a court of equity be reputed as money is, I think, applicable
here. 2 Story's Sq., sec. 790: Ashley vs. Palmer, 1 Meri
bole, 296.
Second. I am also of opinion, that the exception of the com-
plainant is well taken, and that the Auditor erred in deducting
the $29 25 from the commissions allowed the complainant by
the Orphans Court.
A. RANDALL, for Exceptants.
THE OHIO LIFE INS. AND TRUST CO.
vs. DECEMBER TERM, 1849.
WINN AND ROSS AND OTHERS.
I ANTEDATING OF NOTES—SUBSTITUTION—LIMITATIONS——CHANCERY PRACTICE—
COUNSEL FEES—APPEAL.]
THE antedating of notes is not, perse, fraudulent or evidence of a dishonest in-
tent, but where parties with a security before them covering a particular
description of notes, make notes which upon their face are not within its
terms, they cannot show by parol that such notes were antedated in order to
bring them within the security.
Where a mortgage was executed to secure the payment of certain promissory
notes, to be made by the mortgagors and endorsed by the mortgagees, and
such notes were taken in exchange for those drawn by other persona.
HELD—
That the holders of the notes so given in exchange are entitled to be substitu-
ted to all the rights of the makers thereof, to participate in the proceeds of
the sale of the mortgaged premises.
Where cross paper is given for mutual accommodation, each party is liable to
21*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 253   View pdf image (33K)
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