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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 97   View pdf image (33K)
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SMALLWOOD VS. HATTON. 97
meanders of Piney Branch, there would be 14 acres 1 rood and
21 perches less.
The answer of Hatton to this bill was filed on the 17th of
March, 1840, in which he admits the recovery of the judgment,
and that the cause of action was a single bill for the purchase
money for land which complainant purchased of respondent,
and that two notes were given to secure the payment of said
purchase money, and that he gave a bond of conveyance as
charged in the bill. But he denies that complainant took pos-
session of a part only of said tract of land, but he avers that he
entered into and took possession of the whole thereof, and cul-
tivated and used the same without any let or hindrance from
defendant or any other person; he denies that he or any other
person under his authority has used or possessed any part of
said tract of land since the sale thereof to the complainant; he
denies that complainant ever called upon him to complete the
contract, or to give him a good title to the land, or asked of
defendant a deed for the same. On the contrary, he avers that
he has always been willing and ready to give complainant a good
and valid deed therefor.
Commissions to take testimony were then issued, and proof
taken and returned, and on the 19th of June, of 1844, Charles
County Court, as a court of equity, passed an order referring
the cause to the Auditor, "with directions to report the amount of
the loss sustained annually by the complainant, by the withhold-
ing the use of the land lying west from the meanders of Piney
Branch, and a straight line as laid down on the plat by the de-
fendant, from the time when he threatened to sue the plaintiff
if he cut wood thereon, and to take such testimony as may be
offered by either party in relation thereto, and also to report the
balance due on the original purchase."
The cause was afterwards, on the 27th of August, 1845, re-
moved to the Court of Chancery upon the suggestion of the de-
fendant, and no further proceedings were had therein until the
18th of October, 1852, when a petition was filed by Eleanor B.
Hatton, which, together with all the subsequent proceedings,
is fully stated in the following opinion of the Chancellor.]
8*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 97   View pdf image (33K)
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