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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 382   View pdf image (33K)
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382 HIGH COURT OF CHANCERY.
There is nothing in this case to exempt the master from the
operation of the general rule. In the sale of the vessel he
concurred and himself became the purchaser, realizing a large
profit upon the resale, and though 1 think the sale was, in a
measure forced upon him by the conduct of the complainant,
and that it was made by the agents of tlio latter, still his will-
ingness, under the circumstances, that it should take place, and
his buying himself, is quite sufficient to deprive him of the title
to pay after that period, if under a different state of facts the
rule with regard to seamen would be applicable to him.
My opinion, therefore, is, that his claim to wages as master
of the vessel, must. terminate with the sale in August, 1850,
when he became the purchaser. That from that time all the
expenses of the vessel must be borne by him, and that as all
connection between him and the complainant was then dis-
solved, he must defray his own expenses home.
The case will be sent to the Auditor to state an account, in
conformity with the views herein before expressed.
S. T. WALLIS, for Complainant.
CHAS. F. MAYER, for Defendant.
JOHN T. HODGES
vs. MARCH TERM, 1847.
VACHAEL SEVIER AND WIFE.
[JUDGMENT LIEN——PRACTICE IN CHANCERY.]
WHERE three years have elapsed after the rendition of a judgment, and no fiat
has been entered upon the scire facias, the judgement must be presumed to be
satisfied, or at least not in a condition to be enforced at law.
Where mortgaged property has been sold under a decree of this court, and a
judgement has been rendered against the mortgagor, prior to the mortgage,
which had become dormant by lapse of time, and no fiat had been entered
upon the scire facias to revive it, the judgment creditor cannot, in such condi-
tion of his judgement, contest with the mortgagee, in this court, the applica-
tion of the proceeds of the sale of the mortgaged premises.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 382   View pdf image (33K)
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