clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 280   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

280 HIGH COURT OF CHANCERY.
H. M. HAYDEN
vs. SEPTEMBER TERM, 1853.
DAVID STEWAR.T, JR.
[VENDOR'S LIEN——PETITION Of TRUSTEE TO RESELL PROPERTY.]
THE equitable lien held by the court for the payment of the purchase money
of land sold under its decree, cannot be enforced by a trustee who has as-
signed the bonds given for its payment, whether the assignment was or was
not made, with the sanction of the court.
The assignment of a bond given for the purchase money of land without re-
course, extinguishes the vendor's lien, because so far as he is concerned, it
amounts to a payment and satisfaction of his claim.
[The facts of this case are fully stated in the opinion of the
Chancellor.]
THE CHANCELLOR :
This case is submitted on the petition of Frank H. Stockett.
the trustee appointed in the place of Edwin P. Hayden, the
original trustee, now deceased, and the answer thereto of James
II. Watkins., of N., the purchaser of the property in the pro-
ceedings mentioned.
Upon the petition of Mr. Stockett, the new trustee filed on
the 32th of September last, an order was passed on the 16th
of the same month requiring Watkins, the purchaser, to show
cause against the prayer thereof on this day, and notice having
been served upon him as directed, he has filed an answer setting
forth the grounds upon which he resists the application of the
trustee.
The application is, that Watkins be required to pay the last
instalment of the purchase money, or in default thereof that
the land be resold by the new trustee for the purpose of raising
the amount with interest. The petition states that at the sale
made by the former trustee, Hayden, Watkins became the pur-
chaser of the property for the sum of $4351 20, one-third
part thereof to be paid in cash, and the residue in two equal
portions, in one and two years from the day of sale. That the

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 280   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives