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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 14   View pdf image (33K)
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[The object of the bill filed in this case was to procure the
specific performance of an agreement entered into on the 8th
July, 1844, between the defendant, Thomas B. Watts, of Bal-
timore county, and Thomas Petherick, an unnaturalized for-
eigner, then residing in Philadelphia. By the terms of the
agreement Watts was to permit Petherick to explore aDd work
certain copper mines, on what he represented to be his farm,
reserving to himself a certain portion of the profits; and Peth-
erick was, before a certain day, to "commence proper opera-
tions for ascertaining by explorations the mineral prospects on
the said farm." On the 22d December, 1844, Petherick dis-
posed of his interest under the agreement to the complainant
Isaac Tyson, Jr., who afterwards filed this bill for the specific
performance thereof; alleging, that Petherick at the time the
agreement was executed, thought Watts was possessed of an
unincumbered fee simple interest in said property, but that he
afterwards found that he only had the reversion after the termi-
nation of the life estate of his mother, and that this reversionary
interest was in mortgage; that Petherick, though disappointed
at this information, still expected such title as Watts was able
to give, and had afterwards conveyed his interest to the com-
plainant, who with the same expectation, and in good faith,
purchased the same, and demanded of Watts the privilege of
mining to the extent of said Watts' interest in the propertyŚ
which had been refused. The defences taken by the defendant
wereŚlaches on the part of Petherick in not complying with the
terms of the agreement by the time specified; the incompetency
of Petherick, an unnaturalized foreigner, to receive, or transfer
a title to the land, or the mining privilege aforesaid; the sur-
render to the defendant of his rights under the contract, previ-
ous to the assignment to the complainant; and the want of
mutuality in the agreement.

The case having been argued, the Chancel]or delivered his
opinion as follows:]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 14   View pdf image (33K)
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