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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 534   View pdf image (33K)
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534 HIGH COURT OF CHANCERY.
new vs. Ulmendorf, 6 Johns. Oh. Rep., 79. And as there
can be no doubt of the good faith of the witness, and he has
not by his covenant warranted the title, except as against him-
self and his heirs, I think him a competent witness. As to
Mrs. Elizabeth Chapman, no disqualifing interest is shown in
her. But conceding that she is not competent, (though I cer-
tainly think she is,) the very full and conclusive evidence of
John G. Chapman, together with the other circumstances of the
case is, in my opinion, quite sufficient to entitle the complain-
ant to a decree.
As there seems to be some doubt whether the purchase
money was paid, a decree will be signed for a specific perform-
ance of the agreement on payment of the purchase money, or
on its being made to appear by satisfactory evidence that it has
been paid.
[The decree of the Chancellor in this case was affirmed upon
appeal. See 9 Gill, 19.]
ALEXANDER, for Complainants.
MAY and ROBT. J. BRENT, for Defendant.
JONATHAN WILSON
vs. LAND OFFICE, 8TH or FEBRUARY, 1851.
JACOB MARKLE.
[PRACTICE IN THE LAND OFFICE.]
IT is the settled rule of the land office, that a patent will not be granted for
lands taken up under a warrant of resurvey, which are not contiguous.
A party has the right to abandon the land which was not liable to be taken up
under his warrant, and have the survey corrected to this extent, but he can-
not at the same time keep open the question whether a correction is neces-
sary at all.
[A certificate for "Conway," being a survey returned upon
an escheat warrant to affect certain soldier's lots in Alleghany

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 534   View pdf image (33K)
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