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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 481   View pdf image (33K)
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STODDERT VS. BOWIE. 481
Bowie an equivalent in personal property. But to what amount
was land to be furnished ? Bowie says that he had proposed to
Stoddert the purchase of the "Nottingham Farm," and that it
met Stoddert's views as to the value of a farm proper for them,
the married couple, not that Stoddert had agreed to purchase
it and convey it to his daughter. But afterwards he complained
that Stoddert had not conveyed it in compliance with his part
of the contract. His, Bowie's, part of the contract with which
he thinks he had in a great part complied, is not now an equiv-
alent, but less than before the marriage, how much less we are
not informed. Thomas F. Bowie is the only witness to these
admissions, who speaks with certainty as to the amount of Rob-
ert W. Bowie's obligations. Robert W. Bowie tells him they
were from six to ten thousand dollars, but says nothing of Stod-
dert's obligations. What certain contract can be inferred from
admissions so varying and so imperfect as they are ? Some
were made before, and some after the marriage, and we have to
look to both for the contract, but when we look to the testimony
of Dr. Maccubbin as to the conversation between Bowie and Stod-
dert just after the marriage, we find that nothing was then settled.
Bowie urged the purchase of the "Nottingham Farm," by Stod-
dert, and promised to give $10,000 in personal property, if Stod-
derfc would purchase that farm for his daughter. Stoddert after-
wards purchased the "Nottingham Estate," but was careful not to
convey it to his daughter. Bowie took away and sold part of the
property that was put upon the "Nottingham Farm," and we do
not hear of anything further passing between the parties on that
subject.
On the whole, the evidence is conclusive to my mind, that
Stoddert and Bowie were both desirous of providing for the
newly married couple, intending to do so, and were in treaty as
to the amounts to be respectively contributed, but never came
to any definite and conclusive arrangement. That though he
used the term contract, Robert W. Bowie's admission evidently
referred to those propositions and negotiations in which the
views, and intentions of the parties were spoken of, and which
he no doubt thought at that time ought to be carried out, and
40*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 481   View pdf image (33K)
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