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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 518   View pdf image (33K)
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518 HIGH COURT OF CHANCERY.
That, at and up to the time of the trial of this cause, com-
plainant had no knowledge of the aforesaid arrangement be-
tween Robinson and Lee for entering the judgment against
the latter, satisfied upon the record, or of Lee's having assent-
ed to the same, or that he had not paid the amount thereof to
Robinson; that had he known of these facts, he had no means
of proving them in a court of law, if, indeed, such proof could
have been admitted to contradict the record evidence aforesaid.
The bill then charges that Lee is threatening to issue execu-
tion upon the judgment so as aforesaid rendered against com-
plainant, and prays for an injunction restraining the same, and
for general relief, and makes said Lee alone a defendant.
The agreement of Iglehart, dated the 27th of October, 1829,
on which suit was brought by Lee, is exhibited with the bill,
and is as follows:
"Whereas, a crop of tobacco, packed in hogsheads, in the
possession of Mr. Edward Lee, one-third of which said crop
has been levied on by me by virtue of a writ of fieri facias,
issued out of the High Court of Chancery against Caroline
Duncan and others, at suit of Perry Townshend and wife, and
whereas, the said crop of tobacco has been sold and disposed
of by the said Edward Lee, who is willing to pay over to me,
as sheriff of Anne Arundel county, the proceeds as of one-
third in amount of said sales, provided he shall be made safe
and indemnified in the same from all loss or suits by any per-
son or persons setting up a claim to the one-third part of the
sales of said crop of tobacco. Now, I, Richard Iglehart,
sheriff of Anne Arundel county, do hereby agree to indemnify
and save harmless, the said Edward Lee, from all loss or dam-
age whatsoever, either at law or in equity, against all and
every person or persons claiming or to claim any part, share or
interest in the said one-third part of said crop of tobacco, upon
his paying over to me the proceeds of the one-third of the
sales of said crop."
The affidavit of Lee, referred to in the bill as having been
laid before the arbitrators in the trespass case against Iglehart,
as also the declaration in said case, and a copy of the docket

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 518   View pdf image (33K)
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