Todd v. Pratt
Court of Appeals of Maryland
Appear from a decree of tin* court of chancery. - The bill stated, that Rachel Baynard, the complainant in the court of chancery, \yho afterwards married Wil Ham Todd, (the now appellants.) in September 1796, by her bill set forth, that George Baynard, deceased, on the 24th of October 1787, mortgaged to Pratt, the defendant, part of a tract of land called Relief\ containing 576 acres, Baynard?s Pasture containing 101 acres, part of Roe’s Chance containing 97 acres, and . . ’…
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Appear from a decree of tin* court of chancery. - The bill stated, that Rachel Baynard, the complainant in the court of chancery, \yho afterwards married Wil Ham Todd, (the now appellants.) in September 1796, by her bill set forth, that George Baynard, deceased, on the 24th of October 1787, mortgaged to Pratt, the defendant, part of a tract of land called Relief\ containing 576 acres, Baynard?s Pasture containing 101 acres, part of Roe’s Chance containing 97 acres, and . . ’ sundry negroes, m consideration ot 7 33 current J ° money. That George Baynard, on the 1st of June 1793, made a second…
1Opinion of the Court
Hanson, Chancellor,
(October 1801,) passed the following decree: **The chancellor has considered the complainants’ exceptions; and the same are disallowed. There can, he conceives, be no doubt, that if tenant in tail can give an absolute conveyance in fee under the act of assembly, as tenant in fee, lie may also give a conveyance in fee, subject to be avoided on the future payment of money by the said tenant; or, in other words, that tenant in tail may mortgage bis land. Could the chancellor conceive the point at all doubtful, he would require the opinion of the general court.
'«It is the…
2Cited by2 opinions
- Upham v. BrooksU.S. Circuit Court for the District of Maine · 1847
- Jones v. MagillHigh Court of Chancery of Maryland · 1825