Hoffman v. Johnson
High Court of Chancery of Maryland
It appears, that Fielder Gantt mortgaged two parcels of land im Frederick county, the one called Foufs Delight, and the other The Resurvey on Beauty, to the late James Hunter, who afterwards made' his will, and died; that Hunter, by his will, directed his lands to be sold by his executors, for the payment of his debts; that his' executors had the mortgages foreclosed, and afterwards sold those lands to George Schnertzell, and gave him a bond for a conveyance on the payment…
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It appears, that Fielder Gantt mortgaged two parcels of land im Frederick county, the one called Foufs Delight, and the other The Resurvey on Beauty, to the late James Hunter, who afterwards made' his will, and died; that Hunter, by his will, directed his lands to be sold by his executors, for the payment of his debts; that his' executors had the mortgages foreclosed, and afterwards sold those lands to George Schnertzell, and gave him a bond for a conveyance on the payment of the purchase money; that Schnertzell sold a part to William, Hobbs, who sold it to John Hoffman; and the other part…
1Opinion of the Court
Bland, Chancellor.
This case standing ready for hearing, and no counsel appearing for.the defendants, the solicitor for the plaintiffs was heard, and the proceedings read and considered.
This case, as it now stands, is. much reduced in compass, but is not yet altogether free - from difficulties. The first inquiry is, whether, in point of fact, the purchase money has been paid by the plaintiff Hoffman, or those under whom he claims ; or whether, according to the principles of equity, the vendee has been altogether discharged from his responsibility, even although the purchase money may not have…
2Cases cited2 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Eddowes v. NiellSupreme Court of the United States · 1793