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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 374   View pdf image (33K)
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COLEGATE D. OWINGS' CASE.

Whereupon it is ordered, that the said suit heretofore instituted
in this court by Cokgate D. Owings against Charlotte C. D.
Owings, which was dismissed on the 31st day of August last by
order of the said plaintiff, be and the same is hereby reinstated, in
all respects, as it stood before it was so dismissed. And it is
further ordered, that the commission with the testimony taken under
it, which was returned and filed on the 6th day of November last,
stand and be available in the said case, subject to all legal excep-
tions, in like manner as if the same had been returned and filed
before the case had been dismissed.

On the 23d of June 1827, the solicitors of the parties by a
writing signed and filed by them, agreed, that all the testimony
which had been taken in relation to the application to reinstate the
case should be used at the final hearing, in like manner as if it had
been taken under a regular commission.

After which the plaintiff's solicitors filed a representation in
which they say, that by virtue of the order of the 17th of April,
they deem it their duty to state, that the plaintiff had been living
in peace and comfort with her daughter Mrs. Nesbit, and on her
leaving home to go to the springs for her health, the plaintiff had
gone to reside with her daughter Mrs. Goodwin, where she had
every attention and comfort she required; that on the plaintiff's
expressing a wish to attend a camp-meeting, Mrs. Goodwin had
gone with her, but found it necessary for the plaintiff to take shel-
ter from a shower of rain, in the house of a neighbour, when, in
the absence of Mrs. Goodwin, the defendant contrived in a rude
and covert manner to have the plaintiff put into a carriage and
conveyed to the city of Baltimore, and there placed her, against
her consent, in a boarding-house, where she could not have those
attentions, conveniences, and comforts of which, from her age and
infirmities, she stood so much in need; that the defendant, inde-
pendently of her want of means properly to support her mother,
ought not, because of this controversy, to have the care of the
plaintiff; and that the real and personal estate of the plaintiff had
been and was then much neglected and exposed to waste and loss.
Upon which they suggested, that the person of the plaintiff should
be confided to the care of Mr. and Mrs, Nesbit; and that a receiver
should be appointed to take care of her estate.

17th September, 1827.—BLAND, Chancellor.—The Chancel-
lor has read and considered the statement filed and submitted

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 374   View pdf image (33K)
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