clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 66   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

66 HIGH COURT OF CHANCERY.
Upon hearing these exceptions, the Chancellor delivered the
following opinion:]
THE CHANCELLOR:
Upon carefully reading the mortgage deed of the 29th of
March, 1843, from the defendants, Robert H. Ayres, and Ale-
thea, his wife, to the complainant, I am of opinion, that its
legal effect is to secure to the complainant the annuity therein
mentioned, of one hundred and twenty dollars, during the life
of Mrs. Mary Ayres.
That such was the intention of the parties to the instrument,
is too clear for dispute, and, as has been said by the Court of
Appeals, in a recent case, it is the duty of courts, (the intention
being ascertained,) to give the instrument such an interpreta-
tion as will effectuate that intention; provided the terms and
expressions employed will admit of such construction. The
courts are first, by an inspection of the grant, to ascertain what
the parties intended should be effected by it, and then they are
so to expound it as to accomplish that intention, unless expres-
sions are employed which positively forbid it. In this case,
the recitals, constituting a portion of the premises of the deed,
which word premises constitutes every thing which precedes
the habendum, make it too plain for argument, that the inten-
tion was to secure the plaintiff the annual sum of one hundred
and twenty dollars, during the natural life of Mrs. Mary Ayres,
and, therefore, although the habendum contains no words of
limitation, defining the duration of the estate, the grant must
be construed with reference to the manifest intention of
the parties, and be made to convey an interest commensurate
with the object to be accomplished. Budd vs. Brooke et al.,
Lessee, 3 Gill, 198, 234, 235. I am, therefore, of opinion,
that the exception of the defendant, Banks, filed on the 5th
inst., to the report of the auditor, must be overruled.
The same party has also excepted to the Auditor's report,
upon the ground, that the effect of the proceedings in this case,
which originated in a bill filed by the mortgagee, in July, 1846,
for a foreclosure and sale of the mortgaged premises, is to ex-

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 66   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  Cannot perform flastmod(): Win32 Error Code = 2

Maryland State Archives