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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 281   View pdf image (33K)
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HAYDEN VS. STEWAR.T. 281
cash instalment and the bond for the first credit instalment
were paid, but that the last instalment, amounting to the sum
of $1450 40, which became due on the 22d of June, 1850,
with interest from the 22d of June, 1848, remains due and un-
paid, though Watkins has been frequently called upon to pay it.
It appears by the proceedings in the cause, that this third in-
stalment which was secured by the single bill of the purchaser,
with two sureties, was, on the 14th of October, 1848, assigned by
Hayden, the trustee, to Messrs. Freeland and Hall, parties as-
certained to be entitled to the fund, by an endorsement on the in-
strument in the following words: "For value received I hereby
assign and transfer the within single bill to Messrs. Freeland and
Hall, and direct that payment thereof be made to them without
recourse to me. Witness my hand and seal this 14th
day of October, 1848. E. P. HAYDEN, Trustee. SEAL
Subsequently, to wit, on the 31st of October, 1849, these
assignees, Freeland and Hall; and one Thomas Welch, who it
appears was interested in the fund, exhibited their petition in
the cause in which, after setting forth the proceedings, and
how, and to what extent, they were interested, they make the
following statement :
"Your petitioners further state that it was agreed on by and
between them and the said trustee, (Hayden,) with the view of
having the case in chancery finally closed, and his trust settled,
that your petitioners should pay unto him the sum so as afore-
said due the said complainant, and charged on said bond, (mean-
ing the bond given for the last instalment,) to wit, the sum of
$528 67, with interest from the 22d of June, 1848, and that
said trustee would assign, transfer, and deliver said Lond to
your petitioners, who would thereby release said trustee from
all responsibility on account of the same, whereupon your
petitioners did pay said sum of money to said trustee, and said
trustee did assign and transfer by endorsement in writing, and
deliver said bond to your petitioners as will appear," &c.
Upon this petition certain proceedings were had, on notice to
the parties interested, which resulted in affirming the title of
the petitioners to the bond, and the money secured by it.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 281   View pdf image (33K)
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