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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 498   View pdf image (33K)
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498 HIGH COURT OF CHANCERY.
exceptions raise the question of the liability of the said Stock-
ett for interest on the several sums paid by him into court, un-
der its sanction, whilst they have remained uninvested.
Looking to the decision of the late Chancellor, in Jones vs.
Stockett, 2 Stand, 424, 425, and to the circumstances under
which the payments were made, I do not think that Richard
G. Stockett should be charged with interest as suggested by the
Auditor.
It is understood that no decision is expected at this time in
regard to the credit claimed by Stockett for payments on ac-
count of fees and taxes.
A question was also presented, and the opinion of the court
asked, with respect to the costs which may have accrued upon
the proceedings instituted by Larkin Shipley, under the order
of the 29th of July, 1846. It is my opinion, that inasmuch as
these proceedings were expressly authorized by the said order,
the party for whose benefit they were instituted will, if they
prove successful, be entitled to his costs, as is usual in other
cases. The opinion of the court upon the last question is ex-
pressed only because the solicitors on both sides asked for it.
[With reference to the bill for the foreclosure of the mort-
gage, the Chancellor, on the 30th of July, 1847, delivered the
following opinion.]
THE CHANCELLOR:
This bill is filed for the sale of certain premises which had
been mortgaged by the defendant to Larkin Shipley, on or about
the 18th of September, 1821, for the purpose of securing the
payment of a sum of money therein mentioned.
This debt, by certain proceedings in the Court of Chancery,
described in the bill, became and was constituted a part of the
trust fund, to be held by Wayman, one of the present plaintiffs,
and the defendant, Stockett, in trust for the complainant, Ship-
ley, for life, with remainder to the persons mentioned in the
proceedings. It appears by the Auditor's report of the 8th of
July, 1847, that divers sums for interest and principal have

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 498   View pdf image (33K)
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