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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 399   View pdf image (33K)
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McCLELLAN VS. CROOK. 399
Crook, decreed, that the cause be remanded, to the Court of
Chancery, and that unless McClellan should pay into said court
the sum of $485 49, with interest on the sum of $379 12.
from the 19th of November, 1844, until so brought into said
Court of Chancery on or before the 1st of April, 1847, then
the said mortgaged premises he sold for the payment of said
sum and interest, under the orders and decrees of said Court
of Chancery, according to the usual course of the said court in
such cases, and appointing ii trustee to make said sale.
On the 22d of January, 1849, McClellan filed his present bill
in this case, in which, after stating the above proceedings in
the former case, lie avers that Crook continued the occupation
of the mortgaged promises for a long time beyond the time up
to which the account in the Court of Appeals charged him with
rent, and that he in fact continued to occupy the premises up
to the 15th of May, 1847, while the account in the Court of
Appeals was necessarily limited to and ended with the 19th of
November, 1844, and that agreeably to the principles settled
by said account in the Court of Appeals, charging the said
Crook with rent at the rate of $400 per annum, nothing would
remain due him on said mortgage claim, yet he nevertheless in-
sists that the property shall be sold under the said decree of the
Court of Appeals, as if the said mortgage claim, as stated in
the audit in said appellate court, remained due and unpaid, and
subject to no abatement. The bill further charges that said
Crook is now insolvent, and complainant would be without any
remedy against him for any part of the rent so accrued to the
complainant since the said 19th of November, 1844, except by
an injunction from this court, arresting the sale of the property,
and a decree directing satisfaction to be entered of said decree
as passed by the Court of Appeals, and the prayer of the bill
is for such injunction and decree, and for general relief. The
injunction was granted as prayed.
The defence taken by the answer of Crook was, that by the
principle of the decree of the Court of Appeals, which greatly
reduced his original claim, ho was chargeable for the rents and
profits of the mortgaged estate from a certain day mentioned

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 399   View pdf image (33K)
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