Peyton v. Ayres
High Court of Chancery of Maryland
[The bill alleges that the complainant, having a common interest with the defendants, Robert H. Ayres, and Alethea, his wife, in certain lands, subject to dower of Mrs. Mary Ayres therein, at the request of said Robert and wife, assumed the payment to said Mary of $240 annually, as a consideration for the relinquishment of her said dower interest; and that said Robert, in consideration thereof, bound himself to pay to complainant, annually, during the life of said Mary, the…
Read the full summary
[The bill alleges that the complainant, having a common interest with the defendants, Robert H. Ayres, and Alethea, his wife, in certain lands, subject to dower of Mrs. Mary Ayres therein, at the request of said Robert and wife, assumed the payment to said Mary of $240 annually, as a consideration for the relinquishment of her said dower interest; and that said Robert, in consideration thereof, bound himself to pay to complainant, annually, during the life of said Mary, the sum of $120, being the share of said annuity which corresponded to the interest of said Robert and wife in the lands so…
1Opinion of the Court
The Chancellor:
Upon carefully reading the mortgage deed of the 29th of March, 1843, from the defendants, Robert H. Ayres, and Alethea, his wife, to the complainant, I am of opinion, that its legal effect is to secure to the complainant the annuity therein mentioned, of one hundred and twenty dollars, during the life of Mrs. Mary Ayres.
That such was the intention of the parties to the instrument, is too clear for dispute, and, as has been said by the Court of Appeals, in a recent case, it is the duty of courts, (the intention being ascertained,) to give the instrument such an interpretation as…
2Cases cited3 opinions
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Dorsey v. SmithCourt of Appeals of Maryland · 1826
- Clagett v. CrawfordCourt of Appeals of Maryland · 1841
3Cited by5 opinions
- Brown v. ReederCourt of Appeals of Maryland · 1908
- Better v. WilliamsCourt of Appeals of Maryland · 1954
- Hawkinson v. BanaghanMassachusetts Supreme Judicial Court · 1909
- Parkinson v. McQuaidWisconsin Supreme Court · 1882
- Black v. RenoU.S. Circuit Court for the District of Eastern Missouri · 1894