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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 521   View pdf image (33K)
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IGLEHART VS. MAYER. 521
was, that the only priority in the matter was between Robinson
and Lee, and that the latter was answerable to the former for
the one-third of the proceeds of the tobacco, or to render him
that third in kind. That in this view, which is founded on
what transpired, as the defendant believes, and, as he asserts,
on the remembrance he has of the proceedings, the decision of
the referees formed no defence for Lee against Robinson in the
latter's suit against him, and concluded nothing upon their
relative rights and liabilities.
That he knows not what occurred in the course of the trial
of Robinson's suit against Lee, but he maintains that the lat-
ter was justly and legally liable to the former for the amount
for which the judgment was rendered, as being for the proceeds
of the former's one-third of the tobacco raised from the farm,
and that the judgment was therefore fairly rendered, and none
of the considerations objected by the bill would have availed
either equitably or legally to prevent a judgment or stay its
execution. He knows nothing of any agreement between Lee
and Robinson for rendering judgment in said suit or for after-
wards having a suit prosecuted by Lee against Iglehart on the
indemnification agreement referred to in the bill, nor does he
know whether Lee actually satisfied the judgment obtained
against him by Robinson, but he denies that Iglehart is con-
cerned to inquire whether said judgment was satisfied actually
by Lee, inasmuch as in any event Iglehart's agreement bound
him to satisfy it himself, and thus truly, according to the terms
and honesty thereof, to indemnify and save harmless the said
Lee. He denies that Iglehart is entitled to any relief against
his own act in allowing a verdict and judgment against him,
when if he had any defence, (which is denied he either legally
or morally had,) the law and the occasion of the trial put all
the means and materials of defence at that period in his power,
and especially since the judgment is only for the amount he
was bound to pay to Lee or to Robinson, if the latter had, in
equity, claimed the benefit of the former's claim against Igle-
hart, under the agreement for indemnification.
He denies that Lee's judgment against Iglehart was recov-

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 521   View pdf image (33K)
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