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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 667   View pdf image (33K)
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ANDREWS v. SCOTTON. 667

and obtains a decree for a sale; and the proceeds of sale should
not satisfy the debt, he cannot have a decree in equity on such

interest for the same, as also the costs expended by the complainant in this suit, the
said defendant, and all claiming by, from, or under him, shall be for ever, and they
are hereby from thenceforth debarred and foreclosed of all manner of equity of re-
demption or reclaim in and to the said mortgaged premises; and that the said com-
plainant have an absolute estate in the same, free from all redemption and equity
and power of redemption of, in, or by the said defendant, his heirs or assigns, or
any person or persons claiming by or under them.—Chancery Proceedings, lib. J, JR.
No 5, fol. 513.

HUNTER v. GAUNT.—This bill was filed by Adam Hunter, beir at law and devisee
of James Hunter, late of the state of Virginia, deceased, and Robert Purviance and
Samuel Purviance, of Baltimore county, administrators with the will annexed of the
said James Hunter, against Fielder Gaunt, of Frederick county, to foreclose a mort-
gage. The defendant answered, and the case was brought before the court.

21th February, 1790.—HANSON, Chancellor.—This cause standing for hearing, and
the court having duly considered the bill, answer, proofs, and exhibits therein; it is
Decreed, that the said defendant do and shall pay and satisfy to the complainants,
Adam Hunter and Robert Purviance, the surviving administrator of the said James
Hunter, the sum of £6,294 1s. Id. current money, with interest from the 13th of
December, 1769, together with all costs by the complainants in this suit expended
before the 13th day of October next ensuing; or that the defendant pay to the com-
plainants aforesaid, on the said 13th day of October, between the hours of 10 and 12
in the forenoon of the same day, at the chancery office in the city of Annapolis, the
sum of £14,161 12s. 4d. current money, being adjudged and decreed by this court
to become due on the said day, for the principal and interest on the mortgage in the
complainant's bill mentioned; that is to say, the sum of £6,294 1s. 1d. current
money being adjudged and decreed to be due for the principal of the said mortgage,
on the 13th day of December, in the year of our Lord 1769; and the sum of
£7,867 11s. 3d. current money being adjudged and decreed to become due for the
interest of the said mortgage on the said 13th day of October, in the year of our
Lord 1790, if the principal and interest be not before paid; and upon payment of the
principal sum of £6,294 1s. 1d, with interest as aforesaid, or of the sum of
£14,161 12s. 4d. current money, and costs of suit aforesaid, on the said 13th day of
October in the present year as aforesaid, the said Adam Hunter and Robert Purvi-
ance, their heirs or assigns, shall make and execute to the said defendant a good and
sufficient release, in fee simple, of the said mortgaged premises and every part
thereof.

And it is further Decreed, that if the said Fielder Gaunt, the defendant, shall fail
or neglect to pay and satisfy unto the said Adam Hunter and Robert Purviance the
sum of principal money and interest hereby decreed, and the costs of suit, on or be-
fore the said 13th day of October as aforesaid, that then from and immediately after
the said 10th day of October, in the said year of our Lord 1790, the said defendant,
his heirs, executors, administrators, and assigns, shall be for ever and they are
hereby from thenceforth debarred and foreclosed of and from all manner of equity of
redemption or reclaim in or to the said mortgaged premises in the bill mentioned, and
every part and parcel thereof; and that the said Adam Hunter, the complainant,
shall and may retain the same to him and his heirs, absolutely and fully discharged
from the said Fielder Gaunt, his heirs and assigns forever.

BUCHANAN v. SHANNON.—17th March, 1800.—HANSON, Chancellor.—The said

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 667   View pdf image (33K)
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