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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 207   View pdf image (33K)
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CARTER VS. CALVER.T. 207
self that said item should bo withdrawn from the consideration
of the arbitrators and adjusted between the parties, and the
arbitrators in consequence of such agreement, in making up their
award p;ave complainant tlic benefit of the deduction. That
after the award had been settled, and made known to the parties,
but before the parts had been delivered, the complainant in-
sisted that said land and negroes had been taken in satisf;iction
of a certain claim against the said George Calvert for moneys
at that time in his hands, and which ho was then bound to pay
over, and that the award was wrong in bringing the value of said
land and negroes into the account, with the claim which was in-
tended to be liquidated thereby, to which it was answered by the
said arbitrators, or one of them, that the bond of submission ex-
pressly declared that all claims on account of the paternal suc-
cession were submitted to the decision of the arbitrators, and
that the said statement, with the privity and consent of the
complainant, had been laid before the arbitrators as a true state
of credits to which the defendant would be entitled on ac-
count. But that, at his instance, the parts of the award would
be retained to enable complainant to exhibit proof of his asser-
tion that said land and negroes had been given in satisfaction
of the aforesaid claim, and not on account simply; that no such
proof was offered, and after the lapse of the time prescribed,
the parts of the award were delivered, and, therefore, defendant
insists, that upon all the circumstances, the complainant ought
to be concluded by said award.
He further avers, that he has always been, and is now, ready
and willing to settle and adjust the said reserved item, and he
insists that he is entitled to a further allowance for the said
sum so reserved as a further deduction from the amount awarded
against him. He submits to account with complainant and his
children on the basis of the award, and to bring in, or invest,
or apply under the direction of the court, the residue of the
money awarded against him, after taking proper allowances for
the payments made by him, and for the said disputed item, and
he prays that the complainant may be required to bring into
court the sums erroneously paid him by defendant as aforesaid,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 207   View pdf image (33K)
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