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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 383   View pdf image (33K)
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HODGES VS. SEVIER. 383
[The facts of this case are fully stated in the following, opin-
ion of the Chancellor.]
THE CHANCELLOR :
On the 18th of November, 1844, the complainant filed his
bill for the sale of certain premises which had been mortgaged
to him by Sevier and wife, by deed bearing date on the 17th
of May, 1843, to secure the payment of the sum of $4000, due
Hodges, for moneys advanced by him to Sevier, to pay a debt
to one Mackubin, contracted for the purchase money for a tract
of land called "Griffith's Land Resurveyed," purchased by
Sevier from Mackubin. The mortgaged premises consisted of
this tract and also of two houses and lots in the city of Anna-
polis.
It appears by an amended bill filed on the 16th of Septem-
ber, 1846, that Sevier, after the date of the mortgage, conveyed
his equity of redemption to one Gabriel H. Duvall as his in-
solvent trustee, the amendment being made for the purpose of
charging this fact and making the trustee a party.
Sevier and his wife, and Duvall, admitted the facts charged
and consented to a decree which passed accordingly, on the
18th of January last, appointing a trustee in common form to
make the sale. The trustee reported his sale on the 19th of
February following, amounting to $4697, upon which the usual
order of ratification, nisi, has been passed, the case not having
yet been submitted for the final ratification of the sale.
In this state of the proceedings, Joseph J. Speed and Josias
Pennington, by their petition, filed on the 29th of April, stated
and showed themselves.is by the production of a short copy, to be
judgment creditors of said Sevier, upon a judgment rendered in
the Anne Arundel County Court, at October term, 1840, for
$300 and costs, upon which an execution had issued to April
term, 1841, and according to the return of the sheriff, partially
satisfied, and "nulla bona" returned as to the residue. It fur-
ther appeared, that the plaintiffs in said judgment, hail caused
a scire facias to bo issued upon it to October term, 1845, to
which, at that term, the defendant, Sevier, appeared, and that

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 383   View pdf image (33K)
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