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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 93   View pdf image (33K)
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SHECKELL VS. HOPKINS. 93
complainant, that the defendant was liable as a mortgagee in
possession, to account for profits: for the defendant is reported
to have said in the same conversation that he considered it a
hard case that he should pay his money and have to pay hire
too. But if he did so engage with the complainant, that is, if
the understanding and agreement was, that he was to take pos-
session of, and keep the slave, and apply his hire to the extinc-
tion of the $400 he paid Mr. Estep, why should he complain
of the hardship of the case. The witness told him that he
must state his interest (that is, charge interest upon the sum he
had advanced) and pay hire for the slave. Now, where was
the hardship of this, if the defendant intended to admit that he
held the slave as a mere pledge for his advance and nothing
more ?
My opinion, therefore, is, that upon the pleadings and proofs,
the defence is made out, and the bill must, therefore, be dis-
missed, there being confessedly no ground fur the interposition
of equity, unless the case made by the bill, in relation to the
slave, is supported. The other matters, standing alone, being
fit subjects for a different jurisdiction.
I do not deem it necessary to express any opinion upon the
question of limitation: being of opinion that a fair purchase at
a fair price is shown, and consequently that the case upon the
merits is with the defendant.
CORNELIUS McLEAN for Complainant.
RANDALL and PRATT for Defendant.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 93   View pdf image (33K)
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