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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 72   View pdf image (33K)
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72 HIGH COURT OF CHANCERY.
ion, that the money raised by the sale of the mortgaged estate,
should be made to stand in the place of the estate, and furnish
the same security. The case of Buchanan vs. Deshon is a di-
rect authority for this: because there, as here, an annuity was
to be paid out of a fund under the control of the court, for the
life of a party; the principal, at the death of the annuitant, being
payable to the parties.
This arrangement has the recommendation of indemnifying
the complainant, according to the provisions of the mortgage,
and preserving the capital for those who may be entitled to it
after the death of Mrs. Mary Ayres. Banks, the defendant, has
no right to complain, because, as the assignee of the equity of
redemption and purchaser at the trustee's sale, he gets precise-
ly the rights, which as such assignee and purchaser, he is en-
titled to. An order will be passed in conformity with these
views, and when the trustees shall have made the investment
and reported the same to this court, such further order will be
passed, as the nature of the case may then require.
For Complainants—S. T. WALLIS, C. I. PENNINGTON and
H. W. THOMAS.
For Defendants—DAVID and JOHN STEWART and CHARLES
F. MAYEK.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 72   View pdf image (33K)
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