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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 353   View pdf image (33K)
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WILLIAM S. GREEN'S ESTATE. 353
become her debtors, by remitting forfeitures, and in cases
which, in the judgment of the legislature, may seem proper,
may surrender interest or allow as a credit, interest on credits
which they may admit should theretofore have been given,
without being considered as in any manner violating the great
trust confided to her.
"But it is further urged that the resolutions are void as hav-
ing been obtaincd by surprise, concealment and misrepresenta-
tion. The legislature might, certainly, without such imputa-
tion, have refused to purchase the Maryland Gazette for
$3,500, and yet have been willing to restore to Green his com-
missions and the interest. As to the operation and extent of
this allowance, it is evident they were aware that the result
might be to defeat the state in any recovery against Green or
his securities on the judgments, for they make provision that
the defendants shall not be relieved from costs. Decree af-
firmed."
In the further progress of the cause, the Auditor stated seve-
ral accounts, to which, and to his report made on the 26th of
May, 1848, various exceptions were filed by the several parties
interested, which are disposed of in the following opinion of
the Chancellor, in which also the said exceptions will be found
to be sufficiently stated.]
THE CHANCELLOR :
This case is brought before the court upon exceptions to the
report of the Auditor of the 26th of the past month, and the
several questions argued will be briefly considered.
The exception of the Farmers Bank, founded upon the omis-
sion of the Auditor to assign to the exceptant out of the pro-
ceeds of the mortgaged real estate, the value, whatever it was,
of the contingent dower right of Mrs. Matilda E. Green, I
think well taken, and this exception is sustained.
The next question involves the construction which should be
put upon the resolution of the General Assembly, passed at
December session, 1846, No. 64. It purports, upon its face,
to be a resolution in favor of Wm. S. Green, Robert Welch of

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 353   View pdf image (33K)
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