The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-03-29
CIRCUIT COURT FOR BALTIMORE CO.
MARCH TERM, 1884.
Hon. George YelloH, Chief Judge; Hon. Dauid
Fopler, Associate Judge; ~ G. Burke, Esq,
States Atty; VIM. N. Isaac, Esq, Clerk;
Joseph r. Knight Esq, Sheriff

In the case of David II. Carroll and Others exc
cutors, VS.. Mary P. Carroll and others, a decree
for the division of certain property belonging to
the late David Carroll, to be divided among the
parties in interest, was presented to the court.
Objections were made and the court deferred ac-
ton.
The exceptions to the ratification of the award
made by the commissioners in reference to the
division of the land in Druid Hill Park, as fled
by the Mayor and City Council and the heirs of
the estate of the late George Freshman, have
been fixed for argument on Saturday. April 9th.
In the case of Henry Clay Ridgely, executor of
James l.. Ridgely, ST., VS.. james L. Ridgely, Jr.,
and wife, and F. c. Slingluff, heretofore argued
in the Circuit Court here, in equity, Judge Fowler,
who heard the crse, has filed interesting opinion,
dismissing the bill, complainant to pay costs.
His Honor says the bill was filed by the execu-
tor of James L. Ridgely, ST., to have certain
absolute deed declared to be mortgage for the
sum ofS2, 000 and to compel the respondent, James
L. Ridgely, Jr., to pay to the complainant as exc
cutor of James L. Ridgely, ST., the said sum of
50, 900, with interest thereon, and in default of
such payment to have the property mentioned in
said deed sold to pay said sum and interest
There is no doubt that equity will declare con-
veyance mortgage, whatever form ltmay assume,
whenever it appears to have been taken as a Sc
curty for q debt, and that the inclination of the
court is, in doubtful cases. so to treat it, and allow
same case in which this well-known doctrine is
declared, the Court Of Appeals also says: at is
proper to state that this is not case in which
the grantor is seeking to redeem ~ = but
the executor and some of the residuary devlsees
and legatees of the grantee are here asking the
court to treat it as mortgage in order to fix upon
the grantor personal liability for the debt Sc
cured by the mortgage" i = = GAS between
grantor and grantee where it appears that con-
ditional sale Tor absolute sale as is the case in
handy was mere cloak to a mortgage, equity will
let in the grantor to redeem but it is matter OF
grave doubt whether under such circumstances it
will afford the grantee remedy for the debt
against the grantor." I'd pages 349, 3oO.
In the case under consideration tits the grantee,
or rather his personal representative, who is ask
ing this court to treat the deed as a mortgage,
and the grantor is here declaring that the trans
action is, and always was intended to be, just
what it appears to be-a deed and not mortgage.
am satisfied from the evidence that this deed
ought not, under the circumstances of this case,
to be declared mortgage. But even if the evil
dence warranted the conclusion that the grantor
and grantee intended the conveyance as mort
eage it does not follow that court of equity will
afford the grantee Tor his representative remedy
for the debt against the grantor. The creditor
has no right "to complain of difficulty growing
out of his own wrongful act in making the form
of the transaction different from the reality" 80
Nd. $50.
Thomas Blacksleg exposing his person :" not
guilty, and traverser discharged. The case of
Henry Lutz, assault with intent to kill, was post
pened till April 4. George W. Zouck, indicted in
one case for keeping disorderly house, and in
another for disturbing public worship, and VIM.
Cape, Indicted in two cases for selling liquor to
minors, were arrested on bench warrants, and re-
leased in 5000 bail in each case, with Jacob j.
Hoshall as surety.
Robt. Clark, assault, removed from Baltimore
city, guilty and fined $25 and cost; motion in
arrest of Judgment filed. William Fl. Beard,
larceny; guilty; sentence deferred. Augustus
Hartman, larceny demurrer to indictment over
ruled and case set for trial April l. Robert Eddes,
colored, committed to Jail for assaulting Perry
Hicks, was released on recommendation of Grand
Jury. On petition, in equity, of Rebecca Comfort
Pearce for writ delunatic inquirendo as against
John w. Pearce, and for the appointment of
committee to take of his person and property,
the writ was issued to the sheriff in the premises
The respondent, John w. Pearce, was found by
the jury to be unatic, and to be possessed of
three-forths interest in about $50 acres of land
situatedin Long Green, beside about ST 900 in per-
sonalty. The court has not yet appointed the
committee, &c. In the case of Jonathan Thomp-
son. assaulting an officer duty, the jury return
ed q verdict of guilty; sentence was deferred.
Scott Mittan (three cases,) larceny; plea OF
guilty in and sentenced to thirty days in jail;
in the other two, plea of not guilty confessed by
the State. VIM. Worrell, larceny (two cases y
plea of guilty in one and sentenced to thirty days
in jail in the other, plea of not guilty confessed
by the State. VIM. P. Wilson 1.-TWO cases. selling
liquor on Sunday; plea of guilty, and fined so
and costs in each case. Same (tbree cases. SELL
ing liquor to minors all stetted.