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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 398   View pdf image (33K)
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398 HIGH COURT OF CHANCERY.
WILLIAM W. McCLELLAN
vs.
WILLIAM CROOK.
MARCH TERM, 1849.
[INJUNCTION TO RESTRAIN EXECUTION OF A DECREE OF THE COURT OF APPEALS——
CHANCERY PRACTICE.]
THOUGH this court has not the power to review, in the proper sense of that
term, a decree of the court of appeals, either upon the state of facts upon
Which that court acted or any others, yet when state of facts has arisen
since such decree was passed showing its satisfaction, this court may inter-
fere by injunction to prevent the decree from being used as an instrument
of injustice, and an original bill is the proper form to be adopted in such
circumstances.
[A bill was filed on the 21st of July, 1843, by William Crook,
as the assignee of a mortgage of certain leasehold property in
the city of Baltimore, against VVm. H. McClellan, for a sale of
the mortgaged premises to satisfy the mortgage debt. The
complainant, Crook, had been for many years tenant of the
mortgaged premises, and two accounts were stated by the Audi-
tor on the 19th of November, 1844, one of which the Chancel-
lor ratified on the 16th of December, 1844, and decreed that
the property be sold for the payment of the sum found by this
account to be due the complainant. From this decree the
defendant, McClellan, appealed, and the Court of Appeals at
their June term, 1846, reversed the decision of the Chancellor,
and instead of remanding the cause for further proceedings
generally, directed an audit to be made in conformity with their
views, by a special Auditor appointed by them for that purpose,
who accordingly reported an account in which interest was
charged upon the mortgage debt yearly, and the rent credited
yearly from the 14th of May, 1839, to the 19th of November,
1844, the date of the Auditor's report, affirmed by the Chan-
cellor. The appellate court then on the 26th of June, 1846,
passed a decree reversing with costs the decree of the Chancel-
lor of the 16th of December, 1844, ratifying and confirming the
account stated by their special Auditor, and for the purpose of
enforcing the payment of the claim thereby found to be due

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 398   View pdf image (33K)
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