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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 532   View pdf image (33K)
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532 HIGH COURT OF CHANCERY.
was to credit him for his half thereof upon a settlement of their
dealings. That said Chapman was in possession of the whole
of this land up to the time of his death, in 1825, renting the
same, and receiving the rent therefor; that Morris never
claimed any part of it until after the division of Samuel Chap-
man's estate, in 1827, by which this land was allotted to the
complainant, Etheldra, the wife of Harris.
Elizabeth Chapman proves that upon one occasion Morris
came to her husband's residence, and had some conversation
with him in reference to this land. That witness understood,
from what passed between them, that Morris was to have one-
half of the land for his trouble, and that her husband was to
pay Morris for his half by giving him credit for it. This oc-
curred long after the land was taken up. Her husband held
possession of the land from the time it was taken up until his
death in 1825.
The defendant objected to the testimony of both these wit-
nesses, upon the ground of interest in the result of the suit,
the former by reason of being one of the heirs at law of Sam-
uel Chapman, and entitled to a moiety of his real estate; the
latter as being the widow of the deceased, and entitled to
dower in his real estate.
The division of the estate of said Chapman referred to in
the proceedings, was effected by a deed of partition, executed
on the 3d of October, 1832, between John G. Chapman and
Harris and wife. This deed is to the purport following: af-
ter reciting that the parties, John G. Chapman and Etheldra
Harris, hold, as tenants in common, in equal shares, the lands
of which they are seized in fee as the heirs at law of Samuel
Chapman, and that they have agreed to divide and hold their
respective shares in severally, it is thereupon covenanted,
granted and agreed by and between them, that each shall hold,
possess and enjoy in severalty the respective portion allotted
by said partition, and which each of them, by the said deed of
partition, doth grant, release and confirm to the other, with
the mutual covenant and grant, that each party shall forever
peaceably, quietly have, hold, occupy, &c., free and discharged

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 532   View pdf image (33K)
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