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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 271   View pdf image (33K)
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OHIO LIFE INS. AND TRUST CO. VS. WINN & ROSS. 271
The next question has reference to the disposition which must
be made of the money in court pending the appeal. One side
asks that it may be invested so as to be productive, whilst the
other objects, and denies the authority of the court to make an
investment without consent. The amount is large, amounting
to near twenty thousand dollars, and as some time may elapse
before the appeal is decided, it would be a subject of regret if
by the objection of any one of the litigating parties the whole
body of creditors shall be made to suffer the serious loss which
would result from keeping idle so large a sum of money for the
period which is likely to intervene before the controversy is
brought to a close.
0
If by the objection of several of the creditors, or those who
appear to be creditors, the fund must remain unproductive, and
the doctrine established that consent is necessary, then it would
seem to follow that the consent of all must be obtained, and
that if any one refuses his assent, all the rest must be made to
suffer. This I do not understand to be the rule of this court.
The money is in its care, and I consider it bound in justice to
those who may be ultimately entitled to receive it not to per-
mit any one of the contesting parties to say it shall remain
locked up and unprofitable until some future and indefinite pe-
riod, or until he gives his assent to its investment. In the pres-
ent state of the case it is impossible to say who may be entitled
to this fund. The very object of the appeal is to settle that ques-
tion, and it would therefore scorn strange to allow any one of the
claimants, whose title is controverted, to say, authoritatively,
nothing shall be done with the money without my consent.
The court, therefore, will order an investment, but as the
amount is large, and it would be satisfactory to receive the sug-
gestions of those who appear to be entitled to it, as to the
character and mode of the investment, a short time will be al-
lowed to hear from them upon the subject.
[On the 30th of the same month, November, 1850, the
Chancellor passed the following order in the cause.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 271   View pdf image (33K)
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