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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 67   View pdf image (33K)
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TOWNSHEND v. DUNCAN. 67

in which circumstances may render it necessary or proper, (c)
It appears to have been always understood, as well settled, that

the second schedule, to this, my report, annexed. For the eighth article in the
second schedule, to this, my report, annexed, of a horse, bridle and saddle, and case
of pistols, and sword, I have made no allowance; it appearing that the complainant
had the things therein mentioned, of his mother, before her intermarriage with the
complainant. But I have allowed, by consent of the complainant, for thirty-six
pounds of pewter, £ 1 sterling; and for one beef, £ 1 15s. sterling, as mentioned in
the ninth and tenth articles of the second schedule, to this, my report, annexed. All
which several sums of sterling money together do amount to the sum of £48 10s.
74 1/2d.; which I have allowed to the defendant to be deducted out of the sterling money
above allowed to the complainant. And I have likewise allowed the defendant,
with the consent of the complainant, upon the defendant's oath, for $11, delivered
by the defendant to the complainant, £2 9s. 6d. gold currency; and for two casks of
cider, containing about 200 gallons, £ 5 gold currency, as mentioned in the eleventh
and twelfth articles of the second schedule, to this, my report, annexed; which two
sums of current money do amount unto the sum of £7 10s. 6d.; which I have
allowed to the defendant, to be deducted out of the currency above allowed to the
complainant; which sum of £43 10s. 7 1/2d. so as above allowed to the defendant;
being deducted from the sum of £171 11s. 3d. so as above to be allowed to the
complainant, leaves the sum of £123 Os. 7 1/2d. sterling money, which, after the de-
duction aforesaid, I find to be the clear balance, in sterling money, due to the com-
plainant; and the sum of £7 9s. 6d. gold currency, so as before allowed the com-
plainants; being deducted from the sum of £ 105 gold currency, as above allowed
the complainant, leaves the sum of £97 10s. 6d.; which, after the deduction afore-
said, I find to be the clear balance, in current money, due to the complainant.

'And I have considered the complainant's demand of interest in the ninth article
of the first schedule to this, my report, annexed: and, inasmuch as I have no direc-
tions, by decree of this honourable court, to make any such allowance, I have not
presumed to determine any thing therein—and I have annexed a third schedule to
this, my report, wherein I have stated the account according to the allowances,
above mentioned, between the complainant and defendant; and struck the balance
thereof, for the more ready inspection of the court.—All which I humbly certify
and submit to the judgment of this honourable court.—B. YOUNG, Master in
Chancery.'

Upon motion, on the 28th of February, 1738, by the complainant's counsel it was
prayed, that the said report might stand confirmed, and that the complainant might
be allowed interest for the sum of money appearing by the said report to be due
from the defendant to the complainant, from the 4th day of December, 1718, the time
on which the complainant came to the age of twenty-one years, with his costs of
this suit.

To which report the defendant, by his counsel, filed the following exceptions:
This defendant excepts to the master's report, first, for that he hath allowed the
complainant the quantity of tobacco, in the report mentioned; for lands lying in
Anne Arundel county, which were quarters, seated at the death of the complainant's
ancestor, whereon there was a stock of negroes, cattle, &c.; and were never tenanted,
or rented out by the said complainant's ancestor, or the defendant—second, for
that the master has allowed, at the rate of £20 gold, per annum, for the work
of mulatto Ned, which is a sum much beyond what he ever did, or could earn—and

(c) Clapham v. Thompson, 1 Bland, 124, note; Dorsey v. Hammond, 1 Bland, 465.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 67   View pdf image (33K)
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