Hayward v. Carroll
Court of Appeals of Maryland
Appeal from the Court of Chancery. The bill was fib ed by R. Chamberlaine, G. R. Hayward and W. Hayward, of whom If. Hayward is the only survivor, (now appel-against D. Carroll and C. Carroll of Carrollton.
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Appeal from the Court of Chancery. The bill was fib ed by R. Chamberlaine, G. R. Hayward and W. Hayward, of whom If. Hayward is the only survivor, (now appel-against D. Carroll and C. Carroll of Carrollton. It states that D. Carroll, having* mortgaged certain lands to C. Carroll of Carrollton, for money due to him, afterwards greatest part of such lands to R. Chamberlaine, and bound himself, by his bonds duly executed, to-make a title free from all incumbrances, on payment of the pur-c*iase money; for which Chamberlaine gave twelve bonds, at certain periods. That as of these latter bonds were…
1Opinion of the CourtDorset, J.
William Hayward and George R. Hayward, who were complainants in the court of chancery, claim the benefit of a mortgage executed by the defendant Daniel Carroll, to Charles Carroll of Carrollton, the other defendant, on the ground that the latter had, for a valuable consideration, assigned the same to them; and in their bill they insert a copy of a paper, which they call an assignment, purporting to be executed by Charles Carroll, and attested by John Edmondson as a witness. Charles Carroll, in his answer, admits the execution of the original paper, but denies that he ever intended to assign…
2Cited by5 opinions
- American Bonding Co. v. National Mechanics BankCourt of Appeals of Maryland · 1903
- St. Andrews Bay Land Co. v. CampbellSupreme Court of Florida · 1854
- Wallace v. JonesCourt of Appeals of Maryland · 1909
- Small v. OwingsHigh Court of Chancery of Maryland · 1848
- Neale v. HagthropHigh Court of Chancery of Maryland · 1826