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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 469   View pdf image (33K)
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SPENCER VS. SPENCER. 469
of the debts of the said William Spencer at the same period,
including the amount which may have been due the said Isaac
at that time upon the contract between him and the said William
Spencer, dated the 27th of June, 1803, which the Chancellor
thinks should be allowed.
In determining the amount of the credit to be allowed on ac-
count of moneys paid, or to be paid, by the defendants, or any
of them, under the decree of the Court of Appeals, in the case
of Spencer vs. Pearce, decided by that court in 1839, the Au-
ditor will exclude such portion of the money so paid, or to be paid,
as was lost by the neglect or omission of the said Isaac Spencer
or his representatives, to take possession of the property men-
tioned in the proceedings in that case, in the year 1822, and in
permitting it to remain in the possession of Benjamin Terry from
that time until the year 1839. And it is further adjudged and
ordered, that the accounts so to be taken shall be stated from
the pleadings and proofs now in the cause, and such other proofs
as may be laid before the Auditor by parties, and the parties
are hereby authorized to take depositions before any justice
of the peace, on giving three days notice, as usual, to the oppo-
site party, or his or their solicitor, provided the said depositions
are taken and filed in the Chancery office on or before the 1st
day of January next.
OTHO SCOTT and JAMES A. PEARCE, for Complainants.
THOS. S. ALEXANDER and WM. A. SPENCER, for Defendants.
[No appeal was taken from this order.]
39*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 469   View pdf image (33K)
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