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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 475   View pdf image (33K)
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STODDERT VS. BOWIE. 475
of himself and all other creditors, is a decree for the benefit of
all the creditors and in the nature of a judgment for all, and
from the date of such decree, and on a due disclosure of assets,
an injunction will be granted on the motion of either party to
stay all proceedings of any of the creditors at law. Thompson
vs. Brown, 4 Johns. Oh. Bep; 619.
From the nature of this case, the Chancellor inclines to think,
it would be expedient and beneficial for all parties that the
money in the hands of the administrator should be brought in
for investment, and will pass an order fixing an early day for
hearing the parties, if they desire to be heard, either in refer-
ence to the amount to be brought in, or the character and terms
of the order, in which provision may be made for the security
of the defendant against the proceedings at law of the creditors
of the deceased, or upon any other question which may properly
arise upon the application.
ROBERT J. BRENT, for Complainants.
CORNELIUS McLEAN, for the Defendant, Dent.
JOHN T. STODDERT AND ROBERT
BOWIE, JR. AND WIFE,
vs. SEPTEMBER TERM, 1851.
WM. H.TUCK,EXECUTOR. OF
ROBERT BOWIE AND OTHERS.
[ANTE-NUPTIAL SETTLEMENT—PART PERFORMANCE.]
To establish, in opposition to the plea of the statue of frauds, an ante-nuptial
agreement between the parents of the parties about to be married, that one
was to furnish land, and the other personal property, to start the married
couple in life, the proof must be clear and positive of a contract certain
and concluded.
Where acts of part performance are relied on to establish such an agreement,
they should be such as in themselves, not only show that there has been an
agreement, but also throw light upon the nature of that agreement; if the
acts performed are equivocal acts, they will afford no proof of an agreement.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 475   View pdf image (33K)
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