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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 213   View pdf image (33K)
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CARTER VS. CALVERT. 213
trust property to its payment, and yet if that claim had been
submitted to the arbitrators, and they had awarded that more
was due Mrs. Carter than she received under the settlement of
1836, it would be unjust to exclude her from the security of the
property conveyed by the deed. The evidence relied upon by
the defendant to show that Carter did agree, and expected that
the settlement of 1836 should be opened, I do not think suffi-
cient to overthrow the strong presumptions and positive proof
the other way. The proof principally relied upon is found in
the paper C. B. C., No. 3, and the evidence showing a correction
by Carter of one of the items in the account written upon that
paper. The account professes to be an account of moneys and
property paid to, and charged against Mr. and Mrs. Carter, by
George Calvert in his lifetime, commencing in June, 1833, and
terminating in January, 1836. The charges amount in the
aggregate to $40,011 92. One of the items is a charge for
one hundred and sixty acres of land described as "Allen's
Purchase," at $35 per acre, amounting to $5600. The property
and money embraced in this account was the consideration of
the deed of the 12th of November, 1836, and the evidence
shows that Mr. Carter corrected the account by deducting for
one hundred and sixty acres at $5 per acre, thereby reducing
the sum of the debits to $39,211 92, and this, it is strongly
urged, is a recognition of the right of the arbitrators to ravel
into and readjust the settlement of 1836, which resulted in, and
was consummated by the execution of the deed of that date.
It does not appear to me, however, that this act can or ought
to have the effect imputed to it. I cannot bring myself to
think that if Mr. Carter had supposed that the settlement of
1836 was to be disturbed, and the arbitrators were to enter into
an examination of the accounts upon which it was founded, that
he would have contented himself with simply correcting a single
item in the account. The account which was furnished by the
defendant docs not give the credits. It is simply a statement
of the charges made by the late Mr. George Calvert against
Mr. Charles II. Carter and his wife, and it is extremely difficult
to conceive that if the latter gentleman had supposed that the
VOL. IV—18

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 213   View pdf image (33K)
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