clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 486   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

486 MURDOCK'S CASE.

of, they put them up to keep the sheep in the field. They dis-
claimed all right and title whatever to the field or place where they
put up the fence, and aver that they acted in total ignorance of
what they did having been in any way prohibited by an injunction
of this court.

24th May, 1830.—BLAND, Chancellor.—To obtain an attach-
ment for a violation of an injunction, the party grieved must, by
petition, state particularly the nature and extent of the breaches of
the injunction of which he complains, and the person by whom
they have been committed; and his petition must be supported by
his own oath, or by the affidavits of others. Upon which, an at-
tachment may be ordered, returnable forthwith, or on a particular
day according to the nature and exigency of the case. The
breaches so set forth in the petition and annexed affidavits, are the
charges which the party brought before the court, is expected to
answer upon oath. The charges thus set forth by the party com-
plaining, standing in the place of special interrogatories, none
need be propounded to the accused. If the party attached makes
a full and frank answer to all the facts, and positively denies or
justifies all that is alleged against him, he must be at once dis-
charged, as having entirely acquitted himself of the contempt
imputed to him. I know of no instance in this court in which

said tract of land, and that the said two sums of £537 12s. 7d, and £400, bear inte-
rest from the 12th November, 1785. And that the auditor, in re-stating the said ac-
count, shall also charge the defendant with a moiety of the profits of the said ferry,
agreeably to bis said last stated account and report, with interest thereon, to be com-
puted from the periods stated in the said account. And that the auditor, in stating
such account, and ascertaining the profits of the new ferry set up by the defendant,
shall ascertain the reasonable expense of setting up and establishing the same, as
well as afterwards keeping the ferry, and shall charge the complainant with one-half
part of the said expenses. Decreed, also, that all and every part of the said decree
respecting the agreement stated in the said bill for dividing the land called United
Friendship between the parties, and carrying the same into full effect; and all and
every part of the said decree respecting the ferry; and the complainant being enti-
tled to hold one-half part of the same, and to have and receive one moiety of the net
profits thereof, as tenant in common with the defendant, conformably to the limita-
tions and conditions contained in the said decree, be affirmed. Decreed, also, that
the Chancellor pass such decree and order as shall be necessary to have the account
stated in the manner herein directed; and on return thereof, that he pass a decree
for the payment of principal and interest due the complainant; and that in the
meantime he pass such further order and decree as may be necessary for carrying
into effect those parts of the said decree, affirmed by this court. Decreed, also, that
the decree of the Chancellor respecting the payment of costs by the defendant, be
reversed, and that each party pay his own costs in the court of Chancery, and in
this court.—4 H. & J. 115.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 486   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 16, 2024
Maryland State Archives