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Smith v. The State of Maryland, at the instance and for the use of Carrol and Maccubbin U.S. 286 (1810)

handle is hein.slavery/ussccases0016 and id is 1 raw text is: 28 SUPREME 'OOUT U. So i SMITH m_ THE STATE OF MARYLAND, AT M.AoND. THE INSTANCE 'AND FOR THE USE OF CAR! ROLL AND MACCUBBIN. A -.vriofer- -ERROR to-tle court of appeafs of' the state of vzr lies to the Marylaid,.b ing the highest court of law and equity in highest . urt that Atgte ; Andwhich affirmed the dedee of the han- .f . statei hn a crse where cellor of M[aryland. the qetion is fseatiounder. -he fqcts-of the case appear to be dotrectly statedin the Ia of the the- decree of the chancellor, which was as follows: nae was eQa- •-plete before. ~T ttra the ^ re o kThemterfr facts appearbig in'tfht case are, that L a w.ith co the, 4thof July, 1774, the lands menioned in the' ny kai. .o bill- were conveyed by Anve Ottey, heir at law of Wil- fiscting act of lia4. 0tty,t6 William Smith, one of' the defendants* eqiable inter- andthat an act of assembly. passed in' June, 1779, fo. cts of Brkitsh recording the deed of conveyance which had 'not been eubjecto wsere reod wIt h confiaet er recorded-within'the time limited by law. Thaton the without oflee th-of July 1774, Smith executed abond of conveyance fouod,orentry to Anne-Ottey, widow of William Ottey, and that at or other act done, and ai- the time of passing1the ki. of October, 1780, r. 45. though such I to seize, cnfiscaie and appropriate all British pvoperv equitable inte- I a rests'lere not within this state,' he held the said lands under the discovered un- sail deed, subject to the terms of the sai& bond of con- to iohg aftr . the peaoe.. veyance, and in trust for the said Anne Oftey, then: and now nliritish subject, and that the lands are now held in the same manner.- That on the 27th of April, 10t the complainants, Carroll and Blaccubbin, gave 'information of this property. being so held, to the state's agent, .and claimed the composition held out by law on the -said information. That on, the 22d of Fe ' bruary, 1803, the governor and eouncil agreed- tosell the stabs right to. the said lands t6 the,, said Carroll and Maccubbm . -. That a survey w.ja made and a plat re- turnedahd bond gi-en for-the purchase-money on the smh of April, i8 ,a. - The object of. the bill is to compel the defendant Smith to .produde in thls dourt -all deeds, p-pers and writings respecting the said' land, an4 to convey the

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