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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 89   View pdf image (33K)
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SHECKELL VS. HOPKINS. 89
set it aside, that these exceptants, who are privy in blood with
the infant, are competent to do so; and that, having availed
themselves of that privilege, the deed is to be disregarded, and
the estate then descending to the heirs on the part of the
mother, the father can take no more than his courtesy interest,
and that, it appears from the proceedings, he has already re-
ceived. I am further of opinion, that, upon the true construc-
tion of the act of assembly, and upon the authority of the case
of Porter vs. Jiskew, 11 G. & J., 346, the residue of the pro-
ceeds of these sales, resulting from that portion of the real
estate sold which belonged to Mrs. Stephenson, must be dis-
tributed among the uncles and aunts of her infant child, to the
exclusion of the children of uncles and aunts, if any there be.
The case will be sent to the Auditor, to state an account ac-
cordingly.
CHARLES H. PITTS for Complainants.
JOHN H. B. LATROBE for Defendants.
ENOCH SHECKELL
vs. MARCH TERM, 1851.
WILLIAM C. HOPKINS ET AL.
[MORTGAGE——EQUITY OF REDEMPTION.]
Whenever the relation of mortgagor and mortgagee is once shown to exist, the
court views with distrust and disfavor any arrangement between them, by
which it is proposed to transfer the equity of redemption to the mortgagee.
The parties will be held to their original relation, unless the transaction shall
appear to be perfectly fair, and no advantage taken by the mortgagee of the
mortgagor by reason of his incumbrance.
But there may be a sale of the equity of redemption to a mortgagee where the
transaction is fair, untainted by any advantage taken by the mortgagee of the
necessities of the mortgagor, to influence him to part with his estate for less
than its real value.
9*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 89   View pdf image (33K)
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