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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 516   View pdf image (33K)
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516 HIGH COURT OF CHANCERY.
tained against him in the form in which it was brought; all of
which the said Lee did without notice to, or conference or con-
sultation with, complainant or his counsel, though he knew he
held complainant's written agreement aforesaid, and looked to
complainant to be ultimately and solely affected by and respon-
sible for his said acts in the premises.
That Lee, at the time he agreed to waive the decision of the
said court in his favor, and submit to the verdict and judgment
against him, did BO in pursuance of an agreement and stipula-
tion with Robinson, and obtained the latter's express covenant
and assurance that he, Lee, should in no way be bound by said
judgment, or injured or affected thereby, or ever called upon
to pay a farthing of the amount for which it was rendered, but
that the same should be instantly entered satisfied on the records
of the court, which was accordingly done by Robinson on the
game day it was rendered, without ever demanding from Lee
one cent on account thereof, and the latter has, in fact, never
paid anything on account of the same, or been in any way af-
fected, injured or damnified thereby, or by any claim that has
ever been brought against him on account of said one-third of
said crop of tobacco, or the value of the proceeds of the sale
thereof.
The bill further charges, that pending the suit of Robinson
against Lee, the latter well knew of the matters and facts
which constituted a valid defence thereto, he having himself
sworn to them in the affidavit before referred to, and if they
were not susceptible of proof in a court of law in consequence
of the lease of the farm not being in writing, or of there being
no witnesses to the terms thereof set out in his affidavit, and
which made one-third of said crop of tobacco the property
of the aforesaid infants at the time it was levied on, it was
competent to, and incumbent on, Lee, and was his legal duty
to complainant to have filed a bill of discovery against Robin-
son, to compel him to disclose, under oath, the aforesaid mat-
ters and facts of which, from their nature, he must have been
cognizant, to be used as evidence in defending said. cause, and
that Lee, thus knowing of a good and substantial defence to

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 516   View pdf image (33K)
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