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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 394   View pdf image (33K)
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394 HIGH COURT OF CHANCERY.
The court in that case was not the vendor as it is in this, and I
apprehend it would be attended with much inconvenience, if not
mischief, to say that after this court has finally passed upon the
rights of the parties, and has taken upon itself to sell the prop-
erty for the benefit of him who is entitled, that the insolvency
of the other party shall put a stop to its proceedings, and trans-
fer the subject to other hands.
The petition, therefore, must be dismissed, and as according
to the terms of the decree, the entire purchase money would
have been due on the 1st of January last, if the proceedings
of the trustee had not been arrested, I see no reason why the
sale should not now be for cash. The decree does not direct
that the different instalments shall become due in certain speci-
fied periods after the day of sale, but that six hundred dollars
shall be paid on the day of sale, or on its ratification, six hun-
dred on the 1st of January, 1850, and the balance on the 1st
of January, 1851, so that the entire sum would have become
due long since if the decree had been permitted to have its effect.
GEORGE VICKERS, for the Complainant.
EMORY, for Petitioner.
MACKALL HARRIS
vs. JULY TERM, 1849.
JAMES A. SANGSTON AND OTHERS.
[INJUNCTION.]
UPON motion to dissolve an injunction upon bill and answer, the answer, when
speaking responsively to the bill, must be taken as true, and if it denies the
averment of the bill upon which the equity for the injunction rests, the in-
junction must be dissolved.
[The facts of this case are fully stated in the following opin-
ion of the Chancellor, delivered upon the hearing of the motion
to dissolve the injunction which had been granted upon the
bill.]

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 394   View pdf image (33K)
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