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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 441   View pdf image (33K)
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CONNER VS. OGLE. 441
On the same day that the last sale was ratified, Anne Ogle
filed her petition praying that a certain mortgage debt, being a
lien on part of the premises sold, should be paid. The original
mortgage was exhibited with the petition, as appears from the
Chancellor's order on it, though not referred to in the petition,
and appearing to have been filed on the 23d. On the same
day (22d November) the Chancellor ordered the trustee to pay
to the petitioner the sum of £10,890 16s. 4d.— $28,988 81—
by assignment of bonds or in money, or both, which was paid,
per receipt on the mortgage, on the 23d.
The residue, deducting commissions, was all paid into court
in pursuance of the Chancellor's order of December 1st, 1815.
On the 25th of January, 1816, Mrs. Bevans files her petition
in the Chancery Court, stating that the balance of the proceeds
of the real estate, after the payment of debts, was about $24,562,
and prays that so much of the said sum may be vested in the
hands of a trustee and appropriated under the Chancellor's
direction, the clear annual profits of which shall suffice for a
suitable maintenance to your petitioner. To this B. Ogle an-
nexed an answer, admitting the facts and consenting to the ap-
propriation. On the same day, the Chancellor passed an order
appropriating so much as would annually produce the sum of
$580—to be invested by the trustee; but the trustee, in writ-
ing, without date, declining to act as trustee relative to the ap-
propriation made to Mrs. Bevans, and praying the Chancellor
to appoint some other person, he, on the 28th of February, 1816,
appointed John Addison, of Prince George's county, trustee,
in the place of the said Benjamin Ogle, under the said order;
and on the 29th, directed a check to be drawn in favor of Ad-
dison for the money in bank, he applying so much as may be
necessary to the annuity to Mrs. Bevan, now Mrs. Conner, and
the rest as guardian to the infants. The whole amount was
paid. over accordingly to Addison, and thus was the whole
amount of the real estate disposed of.
Nothing further was done in Chancery in reference to the
real estate until 1835, except the filing on the 4th of March,
1819, a petition (or memorial, as he calls it,) by B. Ogle as
VOL. iv—37

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 441   View pdf image (33K)
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