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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 129   View pdf image (33K)
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HERTLE VS. McDONALD. 129
THE CHANCELLOR :
The bill in this case alleges that William Gibbons, the father
of the female complainant, in the month of November, 1809,
purchased of one Robert Corry, a lot of ground in the city of
Baltimore, for which he gave his two promissory notes, each
for the sum of $1000, dated on the 25th of that month and
year, and payable in six and twelve months, respectively, from
that date. That thereupon he took from Corry a bond of con-
veyance for the property, a copy of which is exhibited with and
made part of the bill, that Schwartze and William McDonald,
the testator of one of the defendants, Samuel McDonald, be-
came the sureties of said Gibbons, by indorsing his notes for the
purchase money, and that Gibbons for the purpose of indemni-
fying them as his sureties, assigned to them, or to Schwartze,
for their joint security, the said bond of conveyance, as appears
by a copy of the assignment indorsed thereon.
That Gibbons died before the maturity of the notes, leaving
as his only children and heirs at law, the female complainant
and two infant male children, long since dead, without issue
and intestate, so that the said female complainant is now his
only surviving heir at law. The bill then charges, "that at the
time of the assignment of the bond of conveyance to the said
Schwartze and McDonald, it was agreed by and between them
and the said Gibbons, that if the said Gibbons should make
default in the payment of the said promissory notes, that his
said sureties should take and hold possession of said property,
and out of the rents and profits thereof, should pay themselves
for all outlay and expense, which they might incur for their said
suretyship, and should hold and occupy the said property for
the benefit of said Gibbons and his heirs, after such payment
and indemnification." "That by reason of the death or inabil-
ity of Gibbons to pay the notes, Schwartze and McDonald were
compelled to pay them, in consideration whereof, and of the
assignment aforesaid, Corry, on the 16th day of March, 1811,
conveyed the property to them as tenants in common, and that
they, the said Schwartze and McDonald, have, from the rents
and profits, been fully indemnified; so that the purposes of the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 129   View pdf image (33K)
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