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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 361   View pdf image (33K)
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FRIEZE VS. GLENN AND STEWART. 361
of the stock purchased with the sum of $416, with interest from
the period of the death other husband in December, 1844, and
will sign a decree accordingly.
The solicitor of either party, may then prepare a decree con-
solidating the two cases, directing a sale of the mortgaged
premises, unless the debt due upon the mortgage is paid, with
interest and costs, by a day to be limited, and that Charlotte
Spencer account with the administrator of her husband, for the
proceeds of the stock purchased with the sum of $416, with
interest from the day of his death. The case to be referred to
the Auditor for the purpose of stating the account upon the
proof now in the cause, and such further proof as may be laid
before him by the parties, for which purpose, a reasonable time
will be given.
WILLIAM H. NORMS for Complainant.
CHARLES F. MAYER for Defendants.
HENRY F. FRIEZE,
ADMR. C. T. A. OF
RACHAEL FORSYTH SEPTEMBER TERM, 1848.
vs.
GLENN AND STEWART.
[STATUTE Of FRAUDS—PART PERFORMANCE—CHANCERY PRACTICE.]
G. & S. having been appointed trustees to sell certain property, in a cause in
which they, as administrators of A. P., were complainants, and one R. F.
was defendant, sold the same to the said R. F. By the Auditor's report in
that case, which was confirmed by the Chancellor, the sum of $1208 76 was
assigned to said R. F. Upon a bill filed by the administrator of R. F.,
against the said trustees, to enforce the payment of this sum, it appearing
that R. F. having failed to comply with the terms of sale, afterwards sold
the property to one H. S., with an agreement, that the purchase money
should be applied to the payment of incumbrances and other debts due by
R. F., and that these debts, to which the money was applied by the trustees,
exceeded the sum awarded to her by the Auditor, it was HELD—
That if the statute of frauds would, under any circumstance, apply to such an
agreement, the acts of part performance by the trustees, would clearly take
32

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 361   View pdf image (33K)
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