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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 234   View pdf image (33K)
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234 HANNAH K. CHASE'S CASE.

commissioners to lay off and assign the plaintiff's dower in this
property, leave sufficient latitude for them to report specially all cir-
cumstances; and also in the alternative. So that the final decree
maybe adjusted to suit the case, after the parties have been heard.
As to the rents and profits the case will be sent to the auditor.

Decreed, that the said Hannah K. Chase, the plaintiff, is entitled
to dower in all that messuage, tenement, and lot of land in the pro-
ceedings mentioned, called the Fountain Inn. And to the end
that this court may be enabled to make a just assignment to the
plaintiff of her dower in the aforesaid messuage, lands and tene-
ments, it is ordered, that a commission issue to Benjamin C. Rid-
gate, William Magruder, James Mosher, and Robert C. Long, of
the city of Baltimore, authorizing them or any three of them to go
upon, walk over, survey, lay off and designate one-third part of
the said premises as and for the dower of the said plaintiff in the
same; and that the said commissioners be directed in the com-
mission to make out a plot and certificate exhibiting an accurate
description of the third part or dower so by them laid out. And
if they shall be of opinion, that the said messuage and lot of land
cannot be divided, in the manner which they shall so specify,
without injury to the same, and disadvantage to the parties, they
shall express their reasons for such opinion, state all circumstances
they may deem material, and proceed to designate and describe
specially in what other manner the said plaintiff may be endowed
of the said property, without any, or with less injury thereto, and

On this view of the case, I should deem it proper to confirm the return if an
e^paination of the plot had been made according to the rule of the court; that not
being the case, the decision wiU be postponed till March term, the order of Decem-
ber term 1819 being still in force as to the survey and procuring testimony in support
of the objections against them.

The plots having on motion been delivered as ordered, to the solicitor of the party,
were laid before the examiner general, and after having been revised by him, were
again returned to the court. After which the commissioners made and returned a
valuation of the lands, of which they had made partition, but the valuation is not
mentioned in the final decree.

26& January, 1822.—JOHNSON, Chancellor.—Decreed, that the partition so made,
Sec. &c. " And for the purpose of making an equal division in value, it is further
adjudged, ordered and decreed, that Unit Corse and wife, pay to Rebecca R. Stewart,
the sum of one thousand and ninety-seven dollars, thirty-three and one-third cents,
and to James Polk and wife, the sum of five hundred and thirty dollars, and eighty-
three and one-third cents, which said sums of money are adjudged and declared to
lie a lien on lot number one in this decree mentioned. Each party to these proceed-
ings to bear an equal proportion of the costs of these proceedings,"

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 234   View pdf image (33K)
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