|
|
|
|
|
|
|
|
|
|
|
|
|
588 NEALE v. HAGTHROP.
sor, will be, in like manner, ordered to deliver up, reconvey, and
account for the rents and profits to the plaintiff from the 9th of
March, 1819, when he took possession,
John Weaver, in his answer, says, that he too is one of those
who purchased of William McMechen. This defendant has also
left his answer wholly unsupported by any exhibits or proofs. He
will therefore be decreed to deliver up, reconvey, and account for
the rents and profits to the plaintiff. He admits, that he obtained
possession in the year 1819; but does not specify the day or
month; a medium, in the absence of such proof, must therefore
be assumed, and the account must commence on the first day of
July of the year 1819; with such just allowances as shall be
specified.
The defendant John Fitzgerald, in his answer, states, that, on
the 4th of September, 1806, he purchased of John H. Hall, a part
of a parcel of ground, containing ten acres, part of a tract of land
called David's Fancy, that he gave for it a valuable consideration,
and had no notice of the claim of the representatives of the late
Anthony Hook. He then goes on to state, that he purchased of
the defendant Hagthrop two other parcels of the same ten acre lot,
the one on the 9th of August, 1810, and the other on the 17th of
June, 1815; and that he purchased a fourth parcel of it on the
17th of September, 1811, of Gerard Tipton, for all which he avers
he paid a valuable consideration; and that he had no notice of the
claim of Anthony Book's representatives. This answer is also
entirely unsupported by any evidence whatever; and therefore,
this defendant will be decreed to deliver up, and reconvey to the
plaintiff so much of the ten acre lot, mentioned in the bill, as he
holds; and will also be held accountable for the rents and profits
thereof from the dates when he obtained possession of each parcel
respectively. The nature of the just allowances to which he may
be entitled will be described.
Benjamin Rawlings, surviving executor of the late William
Rawlings, states, that his co-executrix Catharine Rawlings, who
bad been made a defendant, is dead, that he is in possession of
part of the ten acre lot, in the bill mentioned, by virtue of a deed
bearing date on the 10th of September, 1804. This answer is
also entirely unsupported by proof. This defendant will be de-
creed to deliver up and reconvey the property so held by him to
the plaintiff; and be charged with the rents and profits, as execu-
tor, from the date of the deed under which his testator obtained
possession, with such just allowances as shall be specified.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
