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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 37   View pdf image (33K)
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FARINGER VS. RAMSAY AND EHRMAN. 37
the statute of frauds, the fact of the payment may be established
by parol proof. But although the fact of the payment of the
money may be shown by parol proof, the evidence must be so
strong and decisive as to leave no reasonable doubt upon-the
subject. The cases all concur in this because of the danger of
this description of proof, not only as tending to perjury, but on
account of the insecurity to which its introduction exposes the
paper title. 2?oyd vs. McLean, 1 Johns; Oh. Sep., 582.
In this case I have examined the proof very carefully, and
though there are circumstances connected with the transaction,
and the condition, habits and occupation of the parties from
which it may be inferred that the purchase money for these
parcels of the property was paid by Faringer, I do not find
that clear and positive testimony which the principles so fre-
quently and finally settled imperatively demand. The evi-
dence upon this point, in my judgment, falls far below the stand-
ard established by the authorities, and I, therefore, do not feel
warranted in declaring that this property is impressed with a
resulting trust for Faringer.
The deed from William E. Beale to Eliza Ramsay, was exe-
cuted on the 7th of April, 1845, and that of Daniel J. Hop-
poldt and Samuel Kramer, to the same party, on the 4th of
February, 1847. On the day of the execution of the first deed,
Eliza Ramsay executed a mortgage of the property thereby
conveyed to her, to David N. Brown, to secure the payment of
$212, for which she had given him her promissory note, so
much being due to him from Beale, and which by agreement of
the parties, she, Eliza Ramsay, was to pay to Brown, and on the
31st of March, in the year 1846, the debt due to Mr. Brown
having been paid by Eliza Ramsay, he, on that day, released
the mortgage which she had given to him to secure its payment.
Faringer died in the year 1849, but the precise time of his
death is not stated, having in the same year applied for the
benefit of the insolvent laws, and the bill alleges, that the com-
plainant was appointed his permanent trustee on the 11th of
June of that year.
The bill does not allege, nor is it shown in proof, that he was
3*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 37   View pdf image (33K)
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