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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 336   View pdf image (33K)
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336 CHASE v. MANHARBT.

Colegate against Lynch ;(a) that when a proper ground for the
injunction is admitted by the answer, and there still remains a dis-
pute between the parties, the injunction is universally continued*
Here the admission is made by the answer of D. Hoffman, read
and relied on by himself as counsel for Manhardt, thereby remov-
ing the exception to it as evidence against Manhardt; and the
mistake and overcharge was admitted by him in the argument,
which would be within the same reason.

It is thereupon adjudged and ordered, that the injunction be and
the same is hereby continued till final hearing or further order.

After this the defendant James Bryden died, and Charles F.
Mayer, his administrator, was on the 1st of January, 1825, admitted
as a defendant in his place, on an application in the manner pre-
scribed by the act of 1820, ch. 161. After which the bill was
amended by giving to it an additional prayer; and the com-
missions to take testimony having been returned, with the proofs
taken, the case was by agreement set down for hearing and
'brought before the court.

6th July, 1827.—BLAND, Chancellor.—This case standing ready
for hearing, and having been taken up at this time by consent, the
parties were fully heard, and the proceedings read and considered.

The late Samuel Chase on the 26th of February, 1806, leased
that property in the city of Baltimore, called the Fountain Inn, to
James Bryden, for the term of fifteen years at the rent of $2000
per annum. And on the same day Chase gave to Bryden his bond,
with a condition, that he. Chase, at the expiration of fifteen years
from that day, and not before, and at any time within one year
from the expiration of that term, and not afterwards, upon the pay-
ment to him, by Bryden, of the sum of $17,500, would convey in
fee simple to Bryden that property. Bryden entered upon, and
held the property accordingly. On the 11th of December, 1807,
Bryden leased it to John H. Barney, at $3000 per annum for ten
years from the first of April, 1808. Under this lease Barney
entered and held as the lessee of Bryden, and sub-tenant of Chase.
After which Samuel Chase the original lessor died; and the present
complainant, and Richard M. Chase, it seems, became the holders
of all the estate and interest in this property, which had belonged
to the late Samuel Chase, but when or how does not appear.

(a) 2 H. & J. 34.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 336   View pdf image (33K)
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