|
CHAP. 280.
|
record, without being able to determine in express terms,
how far the proceedings of the said Penn, under the said
order, had in effect put the said funds out of the reach of
the court, except by a resort to the said grantees; that the
said Penn afterwards, on the fourteenth of August eighteen
hundred and twenty-eight, filed his petition in said cause
in chancery, stating that his receipts and releases had not
been sent up with the record, nor his interest in the residue
of the proceeds of sale, brought to the notice or the Court
of Appeals, and praying for relief, on that and other
grounds; that the chancellor dismissed the said petition,
assigning as his reason therefor, that he could not grant the
relief asked for, without reserving, modifying or controling
the said decree of the Court of Appeals; that the said Penn
afterwards, on the eleventh day of February eighteen hun-
dred and twenty-nine, filed his bill of complaint, praying
for similar relief from the judges of Montgomery county
court, silting as a court of equity, and obtained an injunc-
tion, preventing the trustee from proceeding to collect from
him the said residue of the purchase money, which bill was
dismissed, and the injunction dissolved, at the November
term eighteen hundred and thirty-nine of Montgomery
county court, whose decision was affirmed by the court of
appeals at the December term eighteen hundred and forty-
one, the said judgment being without prejudice to his rights,
and on the ground that his proper remedy was in the court
of chancery; and that in the mean while he had lost his
right of appeal by the lapse of time from the order of the
chancellor, dismissing his said petition; and whereas, it
appears just and proper that the said Penn should have the
opportunity of presenting his claim to be allowed for the
payments so made as aforesaid, to the court of appeals,
upon the facts on which it rested in the court of chancery,
which facts were left out of the record on which the said
court of appeals was called upon to act — therefore,
|
|
Court of Ap-
peals to enter-
fain order of
Chancellor.
Proviso.
|
SECTION 1. Be it enacted by the General Assembly of Ma-
ryland, That the court of appeals for the western shore,
are hereby authorized and required to entertain an appeal
from the order of the chancellor, passed on the twenty-
sixth day of January eighteen hundred and twenty-nine,
provided, the same shall be taken by the said Penn within
thirty days from the passage of this law: and on such ap-
peal being entered, and an appeal bond given as usual, all
further proceedings against the said Penn in the said cause,
or by the said trustee on his judgment against him shall be
staid.
|
