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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 266   View pdf image (33K)
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266 HIGH COURT OF CHANCERY.
founded upon notes upon which the names of Hancock and
Mann and Dawson and Norwood do not appear, either upon the
notes given or taken in exchange should be excluded, and that
all claims should be likewise excluded when the counter notes
of Dawson and Norwood are not filed, and I also think that
where collaterals have been given, they should be accounted for
or the claims on account of which they were given should be
excluded.
As some of the claims designated by the numbers mentioned
in the last paragraph have been admitted by the Auditor, it
will be necessary to send the case again to him, when the claims
will be excluded unless the counter claims of Dawson and Nor-
wood are filed and the collaterals accounted for.
It is, thereupon, ordered this 21st day of May, 1850, that this
case be and the same is hereby referred to the Auditor to state
a final account, distributing the fund among the parties entitled
upon the principles, and according to the directions hereinbe-
fore given. And as upon the petition of the solicitor I am of
opinion that there should be a taxation of costs as between so-
licitor and client, and that all parties who participate in the
fund should contribute to the payment of the fees so to he
taxed. It is further ordered that said solicitor be allowed a fee
of three hundred dollars out of said fund. All exceptions at
variance with this order are overruled.
[A further opinion was delivered by the Chancellor on the
4th of November, 1850, upon the petition of George B. Vick-
ers, filed in the cause since the passage of the last order. The
facts upon which this petition is based and the questions raised
by it are fully stated in said opinion, which is as follows.]
THE CHANCELLOR :
This case is brought before the court upon the petition of
George R. Vickers, filed on the 28th of the last month, pray-
ing that a dividend allowed him out of the fund due from and
brought into court by Clarke and Mankin may be paid, notwith-
standing the appeal taken by Mr. Glenn from the orders of the
court under which the accounts of the Auditor were stated, and

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 266   View pdf image (33K)
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