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SEWELL VS. BAXTER AND WIFE. 449 of the premises mentioned therein, continually cultivating and taking to his own use, the rents, issues and profits thereof. That at the September term, 1821, of Baltimore County Court, said Sewell recovered judgment against said Swan for $2,000, and costs, and said Murray, at the same time, recovered a like judgment for $8,000 and costs, which were for the debts due and owing them respectively, before the date of said convey- ance, the payment of which were thereby intended to be de- layed and hindered. That writs of fieri facias were issued upon said judgments, under which the said lands were taken and sold to said Sewell, who paid the purchase money therefor to the sheriff. That at the time of said sale, Swan was pos- sessed of the lands, taking to his own use the rents and profits thereof, and immediately thereafter, acknowledged the title of Sewell, as purchaser, and agreed to become his tenant, and pay a yearly rent for said lands. That the said Sewell, on the l5th of April, 1839, demised the premises to said Swan, being ten- ant as aforesaid, for the term of ninety-nine years, at the yearly rent of $53, in virtue whereof, said Swan remained in posses- sion of said premises continually, taking the rents and profits thereof, and occasionally paying moneya on account of the rent reserved as aforesaid until his death in 1842. That after the death of said Swan, the said James Baxter and Emily his wife entered upon the premises, claiming title thereto under said deed from Swan to the said Emily, well knowing, however, the fraudulent character thereof, the title of Sewell as purchaser, and the said lease from Sewell to Swan. That further to delay, hinder and defraud said Sewell, the said Baxter and wife, in collusion with the grantees therein named, on the 27th of March, 1845, conveyed a part of said premises to one James Parlett, and another part to one John Moore, and on the 1st of November, 1847, another part to one William Buckingham, copies of which conveyances are filed with the bill. That said grantees at the time these conveyances were made, had notice of Sewell's title, and of the fraudulent origin of the pretended title of Baxter and wife. That they were made fraudulently, and without any good or valuable consideration, and that the 39* |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 2, Page 449 View pdf image (33K) |
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