Anne Arundel County
MDGenWeb
Peter Sauerwein and George Sauerwein
Vs.
Brice B Brewer, Eleanor Ann
Brewer, Edward W Brewer and others
Be it remembered, that heretofore to
wit on the twelfth day of September in the year of our Lord one thousand eight
hundred twenty-nine came Peter Sauerwein and George Sauerwein by Somerville
Pinkney, Esquire their Solicitor into the Court of Chancery of Maryland and
exhibited in the said Court their Bill of Complaint Against Brice B Brewer,
Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer and others in the words
following:
To the Honorable Theodorick Bland, Chancellor of Maryland:
Humbly complaining shew (?) unto your honor your orators Peter Sauerwein and
George Sauerwein of the City of Baltimore that they received a Judgment in Anne
Arundel County Court at April Term eighteen hundred and twenty-nine against a
certain Brice B Brewer of the City of Annapolis for the sum of five hundred and
twenty-six dollars and forty-two cents current money debt and five hundred
dollars current money damages and costs, to be released on payment of one
hundred and twelve dollars and forty-two cents current money with interest from
the 20th day of December 1827 and on payment of the further sum of one hundred
and fourteen dollars current money with interest from the 20th day of March 1827
and costs that the costs which have accrued on the said Judgment amount to the
sum of seven dollars and twenty-two and a third cents, all which will more fully
and at large appear by a copy of the record and proceedings of said Judgment
herewith filed marked Exhibit A, which with all other exhibits your orators pray
may be taken as part of this Bill, your orators further state that the said
Brice B Brewer being seized in fee simple of a valuable real estate consisting
of a lot of ground on the East side of Green Street in the city of Annapolis
with a view and for the purpose of defrauding his creditors and particularly
your orators did on the fifteenth day of April in the year of our Lord eighteen
hundred and twenty-nine by a deed bearing date on the day and year aforesaid
convey to a certain Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice
B Brewer, Richard H Brewer, Jackson Brewer and Augustus Brewer, all of the said
parcel of ground in fee simple as will appear by a copy of the said deed
herewith filed –marked Exhibit B. your orators further state and charge that the
said Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer,
Richard H Brewer, Jackson Brewer and Augustus Brewer are the children of the
said Brice B Brewer the grantor mentioned in the said deed, and are infants
under the age of twenty-one years. Your orators further state and charge that
the property mentioned in the said deed contains the whole of the real and
personal property of the said Brice B Brewer the grantor in the said deed, and
your orators are advised that the said conveyance is fraudulent and void as
against creditors of the said Brice B Brewer the grantor. In Tender
consideration whereof and in as much as your orators are rem___less in the
premises to the end that the said Brice B Brewer, Eleanor Ann Brewer, Edward W
Brewer, Ann Maria Brewer, Brice B Brewer, Richard H Brewer, Jackson Brewer and
Augustus Brewer may upon their corporal oaths full and true answers make to the
several matters and things herein before set forth, that a decree may be passed
setting aside and avoiding the said deed and that your orators may have such
other and further relief in the premises as may be just and equitable. May it
please your honor to grant to your orators the states writ of subpoena to be
directed to the said Brice B Brewer, Eleanor Ann Brewer, Edward W Brewer, Ann
Maria Brewer, Brice B Brewer Junior, Richard H Brewer, Jackson Brewer and
Augustus Brewer of Anne Arundel County commanding them to be and appear in this
honorable Court to answer the premises and to stand to and abide by such decree
as may be consistent with equity and good conscience. Som Pinkney for Complts
Mem. The exhibits referred to in the Bill will be found recorded among the
proceedings returned with the commission in this cause. And thereupon was issued
the writ of Subpoena against the said defendants which was duly returned
endorsed "sumd" and afterwards on the 21st day of September 1829 was issued a
commission to Louis Gassaway of Anne Arundel County to appoint a guardian to
take the answer of the infant defendants therein named and the said cause thus
standing was continued until September Term 1829 at which term the Chancellor
passed in the cause an Interlocutory decree in the words following:
George Sauerwein and Peter Sauerwein
Against
Brice B Brewer and
others
In Chancery, September Term 1829
In this case the defendant
Brice B Brewer having been summoned and having failed to appear according to the
rules of the Court. It is this 26th day of September 1829
By Theodorick
Bland Chancellor and by the authority of this Court adjudged, ordered and
decreed that the complainants are entitled to relief in the premises. But
inasmuch as it does not appear to what relief the said complainants are
entitled, it is further adjudged and ordered that a commission to take testimony
on behalf of the said complainants issue to Louis Gassaway Esq of Anne Arundel
County.
Theodorick Bland Chr
And thereupon was issued a commission
accordingly. And afterwards on the 28th day of September 1829 came the
commissioner aforesaid and made return of his proceedings under the said
commission as follows:
Maryland Set. The state of Maryland to Louis
Gassaway of Anne Arundel County, Greetings. Whereas Peter and George Sauerwein
hath lately exhibited their bill of complaint before us in our high Court of
Chancery against Eleanor Ann Brewer, and others defendants and whereas we have
by our writ lately commanded the said defendants to appear before us in our said
chancery at a certain day now past to answer the said bill but for as much as
the said Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer
Junior, Richard H Brewer, Jackson Brewer and Augustus Brewer are infants under
age and cannot answer the said bill, nor defend this suit without having a
guardian assigned in that behalf. Know ye therefore that we have given unto you
full power and authority in pursuance of the special order in our said court to
assign and appoint a guardian for the aforesaid infants and to take the answer
of the said infants by such guardian to the said bill and therefore we command
you that at such certain day and place as you shall think fit you go to the said
defendants if they cannot conveniently come to you and assign and appoint a
guardian for the aforesaid infants and take the answer of the said infants by
such guardian to the said bill on such guardians corporal oath upon the holy
Evangel to be administered by you the said answers being distinctly and plainly
wrote, and when you shall have so taken the said answers you are to send the
same closed up under your seal together with your certificate of your having
assigned and appointed such guardian as aforesaid and this writ unto us in our
said Chancery.
Witness the Honorable Theodorick Bland Chancellor this
21st day of September Anno Domini 1829.
Ramsay Waters, Reybar Carr
To the Honorable Theodorick Bland Esquire Chancellor of Maryland.
I
the subscriber appointed commissioner by the within commission do certify that
in pursuance of the powers vested in me by the said commission I did on this day
assign and appoint Brice B Brewer guardian for the infants named in the said
commission for the purpose of answering a bill filed in the Court of Chancery by
Peter and George Sauerwein against the said infants and that I have taken the
answer of the said infants by their said guardian on the corporal oath of said
guardian which answer is hereto annexed.
Given under my hand and seal
this 28th day of September 1829. Louis Gassaway, Comr.
The answer of
Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer Junior,
Richard H Brewer, Jackson Brewer and Augustus Brewer infants under the age of
twenty-one years by Brice B Brewer their guardian specially appointed to the
bill of complaint of Peter and George Sauerwein. The said defendants for answer
to said bill by their said guardian answer and say that they have no knowledge
of the matters stated in said bill and submit to such decree in the premises
consistent with equity hoping as infants their rights will be protected. Brice B
Brewer, guardian
On the 28th day of September personally appeared Brice B
Brewer guardian to the infants therein named. Before me the commissioner named
in the within commission and made oath that the facts stated in the above answer
are true as stated to the best of his knowledge and belief. Sworn before me,
Louis Gassaway.
And thereupon the complainants entered in the cause the
General Replication to the answers of the defendants. And afterwards on the 24th
day of November 1829 was issued a commission to the Anne Arundel County
commissioners to take testimony in the said cause and afterwards on the 30th day
of November 1829 came the commissioner and made return of the first aforesaid
commission and of his proceedings as follows:
Maryland Set. The State of
Maryland to Louis Gassaway of Anne Arundel County. Greetings. Know that we have
appointed you to be our commissioner to examine evidences in a cause depending
in our high court of Chancery between Peter and George Sauerwein complainants
and Brice B Brewer and others defendants. We therefore require you having first
taken the oath hereunto annexed and also administered the annexed oath to the
person whom you shall appoint as clerk to attend the execution of this
commission, that at such time and place as to you shall seem convenient you
cause to come before you all such evidence as shall be named and produced to you
by the plaintiffs, and that you examine them on their corporal oaths to be by
you administered upon the holy Evangels of Almighty God, touching their
knowledge or remembrance of any thing that may relate to the cause aforesaid,
and that you cause notice to be given to the complainants or their attornies of
the execution of this commission before you execute the same and having reduced
the depositions of the witnesses so taken by you into writing, you send the same
with this our commission close under your hand and seal to us in our high court
of Chancery with all convenient speed. Witness the Honorable Theodorick Bland,
Esquire Chancellor this 26th day of September 1829.
Test Ramsay Waters
Reybar Carr
Commissioners oath: you shall according to the best of your
skill and knowledge truly, faithfully and without partiality to any or either of
the parties, take the examinations and depositions of all and every witness and
witness produced and examined by virtue of the commission hereto annexed upon
the interrogatories now, or which may hereafter before the said commission is
closed be produced to and left with you by either of the said parties, so help
you God. Sworn to this 26th September 1829 by Louis Gassaway before me a Justice
of the Peace for Anne Arundel County. Edward Dubois.
Clerks oath: you
shall truly, faithfully and without partiality to any or either of the parties
in this cause, take, write down and transcribe the depositions of all and every
the witness and witness produced before and examined by the commissioner named
in the commission hereunto annexed as far forth as you are directed and employed
by the said commission to take, write down and transcribe the said depositions
or any of them. So help you God.
Peter & George Sauerwein
Vs
Brice
B Brewer & others
In Chancery
Interrogatories on the part of the
complainants
;for James Hunter and others
1st. Did or did not the
defendant Brice B Brewer acknowledge a deed before you sometime in the month of
April 1829 and is or is not the property now shewn you marked A the original
deed.
;2d. State what the said Brice B Brewer said in your presence at
the time of the said acknowledgment.
3d. Are or are not the infant
defendants in the case the children of the defendant Brice B Brewer.
;4th. Is or is not the property conveyed by the said Brice B Brewer to his said
children in the whole of the property to which the said Brice B Brewer is
entitled. 5th. Do you know any other matter or thing material to the
complainants. If yea state it. Som Pinkney.
Peter & George Sauerwein
Vs
Brice B Brewer, Eleanor Ann Brewer and others
In Chancery
To
the Honorable Theodorick Bland, Esq Chancellor of Maryland
I the
subscriber appointed commissioner in the above cause do certify that having met
on the 26th day of September 1829 and having first
Taken the
commissioners oath annexed to the said commission I gave notice to the
complainants Solicitor that I would attend at the Chancery office on Thursday
the 26th day of November 1829 at 11 o’clock for the purpose of taking testimony
on the part of the complainants. That I accordingly attended on the said day
when the following testimony was taken:
James Hunter, a witness of lawful
age produced on the part of the complainants, being first duly sworn saith: To 1
interro answers yes
To 2d interro answers he does not recollect
To
3d interro answers he believes they are
To 4 interro answers he presumes
it is
To 5 interro answers he has heard the defendant Brice B Brewer say
at various times and places that he had paid to a considerable amount on account
of being security for different people, that he would pay no more and that he
would convey or give his property to his children to prevent his paying any
more.
James Holland, a witness, of lawful age produced on the part of
complainants, being first duly sworn in, saith:
1st & 2 interro waived
To 3d interro answers he believes they are
4 interro cannot say. 5
interro knows not.
Gideon White, a witness of lawful age, produced on the
part of the complainants, being first duly sworn saith:
The 1st interro
answers yes.
To 2d interro answers that the said defendant Brice B Brewer
said that he had been security for sundry persons for large amounts and that
some claims against him which he considered unjust and that he deeded his
property to his children to prevent its being sold.
To 3d interro answers
yes.
To 4 interro answers he doesn’t know.
To 5 interro knows
nothing.
The complainants Solicitor produced and filed with the
commissioners a certified copy of the Judgment obtained by Peter and George
Sauerwein against Brice B Brewer marked "L.G." There being no further testimony
offered by the complainants, the commission was closed and is returned unto your
honor under my hand and seal this 30th day of Novr 1829.
(Exhibit LG)
Louis Gassaway, Commissioner
Anne Arundel County Court, April Term 1829
Peter Sauerwein & Debt judgment for $226.42 current money debt and $500
current money
George Sauerwein damages and costs. To be released on
payment of $112.42 current money with
VS interest from the 20th day of
December 1827 and on payment of the further sum
Brice B Brewer of $114
current money with interest from the 20th day of March 1828 costs.
.
Signed 28 April. Costs--$6.85 1/3 A__Co_________47.
(Exhibit A B) Test
William S Green
This indenture made this fifteenth day of April in the of
our Lord eighteen hundred and twenty-nine between Brice B Brewer of the City of
Annapolis, Anne Arundel County and State of Maryland of the one part and Eleanor
Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer, Richard H Brewer,
Jackson Brewer and Augustus Brewer of the City, County and State aforesaid of
the other part. Witnesseth that for and in consideration of the natural love and
affection which the said Brice B Brewer bears to the said Eleanor Ann, Edward W,
Ann Maria, Brice B, Richard H, Jackson and Augustus Brewer, Brice B Brewer hath
bargained and sold, and by these presents doth give, grant, bargain and sell a
lien, in fee off release, convey and confirm unto the said Eleanor Ann Brewer,
Edward W Brewer, Ann Maria Brewer, Brice B Brewer, Richard H Brewer, Jackson
Brewer and Augustus Brewer all that lot or parcel of ground lying and being in
the City of Annapolis and beginning at a chestnut post standing on the east side
of Green Street and in the _____ of Green St and within two or three feet of the
pump in said street and opposite the center thereof at the foot of said post is
now planted a stone to perpetuate the same and running from thence down and
binding on Green Street about ninety feet to the garden fence of the house and
lot formerly occupied by Nicholas Carroll, Esquire, and with said fence across
to the garden fence of the house formerly belonging to Mrs. Ogle now in the
possession of Samuel Ridout, Esq or Dr John Ridout and with said fence about
ninety feet to the fence of the lot belonging to the said John Brewer and thence
with a straight line parallel with the Duke of Gloucester Street to the first
beginning together with all and singular the buildings, improvements, ways,
waters, water courses, rights, privileges, advantages and appurtenances thereto
belonging or in any wise appertaining, and all the estate, right, title,
interest, trust, property, claim and demand whatsoever at law and in equity of
the said Brice B Brewer of, in and to the same. To have and to hold the said lot
or parcel of ground and premises with the appurtenances thereunto belonging to
the said Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer,
Richard H Brewer, Jackson Brewer and Augustus Brewer, their heirs and assigns to
the only proper use and behalf of the said Eleanor Ann Brewer, Edward W Brewer,
Ann Maria Brewer, Brice B Brewer, Richard H Brewer, Jackson Brewer and Augustus
Brewer, their heirs and assigns forever. And the said Brice B Brewer for himself
and his heirs do hereby covenant, promise and agree to and with the said Eleanor
Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer, Richard H Brewer,
Jackson Brewer and Augustus Brewer, their heirs and assigns that he the said
Brice B Brewer, his heirs and all persons claiming under him shall and will from
time to time and at all time hereafter at the reasonable request, cost and
charge of the said Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice
B Brewer, Richard H Brewer, Jackson Brewer and Augustus Brewer their or any of
their heirs or assigns make and lawfully execute, acknowledge and deliver all
and every such further and other deed, conveyance or assurance in the law
whatsoever for the better and more fully conveying and assuring to the said
Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer, Richard H
Brewer, Jackson Brewer and Augustus Brewer their heirs and assigns all the
right, title estate and interest at law and in equity which the said Brice B
Brewer now has or can lawfully claim in and to the said premises, with the
appurtenances herein before described and mentioned to be bargained and sold
according to the true intent and meaning of the parties to the presents as by
the said Eleanor Ann Brewer, Edward W Brewer, Ann Maria Brewer, Brice B Brewer,
Richard H Brewer, Jackson Brewer and Augustus Brewer or by any of their heirs or
assigns or by them or their counsel learned in the law shall be reasonably
devised or advised and required. In witness whereof the said Brice B Brewer hath
hereunto set his hand and seal the day and year first above written. Brice B
Brewer
Signed, sealed and delivered in the presence of James Hunter,
Gideon White
State of Maryland, Anne Arundel County to wit. Be it
remembered that on the fifteenth day of April in the year eighteen hundred and
twenty-nine before the subscribers two Justices of the Peace of the State of
Maryland in and for Anne Arundel County aforesaid, personally appeared Brice B
Brewer party grantor named in the within Indenture and acknowledged the same to
be his act and deed according to the true intent and meaning thereof and the act
of assembly in such case made and provided.
Recorded the 15th day of Apr
1829 James Hunter, Gideon White
Anne Arundel to wit. I hereby certify
that the aforegoing deed is a true copy taken from Liber W.L.G. No 14 folio 259,
260 & 261, one of the land record books of Anne Arundel County. In Testimony
whereof I hereto set my name and office, the seal of Anne Arundel County Court
this Eighth day of September in the year of our Lord one thousand eight hundred
and twenty nine.
William S Green, C S, A A Cty Crt
And also on the
same day to wit the 30th of November 1829 came the said commissioners before
named and made return of the said commission and of their proceedings under the
same in the words following:
Maryland Set. The State of Maryland To
Alexander Randall and Louis Gassaway of Anne Arundel County. Greetings. Know
that we have appointed you to be our commissioners to examine evidences in a
cause defending in our high Court of Chancery between Peter Sauerwein and George
Sauerwein complainants and Brice B Brewer and Eleanor Ann Brewer, Edward W
Brewer and others defendants. We therefore require you having first taken the
oath hereunto annexed and also administered the annexed oath to the person whom
you shall appoint as clerk to attend the execution of this commission. That at
such time and place as to you shall seem convenient, you cause to come before
you all such evidences as shall be named and produced to you by either the
plaintiffs or defendants and that you examine them on their corporal oaths to be
by you administered upon the holy Evangels of Almighty God touching their
knowledge or remembrance of anything that may relate to the cause aforesaid and
that you cause notice to be given to the parties or their attornies of the
execution of this commission before you execute the same and having reduced the
depositions of the witnesses so taken by you into writing, you send the same
with this our commission close under your hand and seal to us in our high Court
of Chancery with all convenient speed. Witness the Honorable Theodorick Bland,
Esquire Chancellor this 24th day of Novr Anno Domini 1829.
Test Ramsay
Waters, Reybar Carr
Commissioners Oath you shall according to the best of
your skill and knowledge truly, faithfully and without partiality to any or
either of the parties take the examinations and depositions of all and every
witness and witness produced and examined by virtue of the commission hereto
annexed upon the interrogatories now or which may hereafter before the said
commission is closed be produced to and left with you by either of the said
parties. So help you God. Clerks Oath. You shall truly, faithfully and without
partiality to any or either of the parties in this cause take write down and
transcribe the depositions of all and every witness and witness produced before
and examined by the commissioners named in the commission hereunto annexed as
for forth as you are directed and employed by the said commissioners to take,
write down and transcribe the said depositions or any of them. So help you God.
Peter & George Sauerwein In Chancery
Vs Interrogatories on the part
of the complainants for James Hunter and
Brice B Brewer & others others.
1st. Did or did not the defendant Brice B Brewer acknowledge a deed before
you sometime in the month of April 1829 and is or is not the paper now shewn you
marked A B, the original deed.
2d. State what the said Brice B Brewer
said in your presence at the time of the said acknowledgement.
3d. Are or
are not the infant defendants in this case the children of the defendant Brice B
Brewer.
4th. Is or is not the property conveyed by the said Brice B
Brewer to his said children the whole of the property to which the said Brice B
Brewer is entitled.
5th. Do you have any other matter or thing material
to the complainants. If yea state it.
Som Pinkney
Peter & George
Sauwerwein In Chancery
Vs At the execution of a commission issued out of
the High Court of
Brice B Brewer & others Chancery of the State of
Maryland directed to Louis Gassaway and
Alexander Randall empowering them
to examine evidences in the above cause. We the said Louis Gassaway and
Alexander Randall having first given the notice to the complainants and to Brice
B Brewer, guardian of his children the infant defendants named in the said
cause, did proceed on Thursday the 26th day November 1829 at the Chancery office
to take the following testimony:
James Hunter, a witness of lawful age
produced on the part of the complainants being first duly sworn saith:
To
1 interro answers yes.
To 2 interro answers he does not recollect.
To 3 interro answers he believes they are.
To 4 interro answers he
presumes it is.
To 5 interro answers he has heard the defendant Brice B
Brewer say at various times and places that he had paid to a considerable amount
on account of being security for different people. That he would pay no more,
and that he would convey or give his property to his children to prevent his
paying any more.
James Holland, a witness of lawful age produced on the
part of the complainants and being first duly sworn saith:
1st & 2d
interro waived
To 3 interro answers he believes they are.
4
interro cannot say.
5 interro knows not.
Gideon White, a witness
of lawful age produced on the part of the complainants being first duly sworn
saith:
To 1 interro answers yes.
To 2 interro answers that the
defendant Brice B Brewer said he had been security for sundry persons to large
amounts and that some claims against him which he considered unjust and that he
deeded his property to his children to prevent its being sold.
To 3
interro answers yes.
To 4 interro answers he does not know.
To 5
interro knows nothing.
The complainants Solicitor produced and filed with
the commissioners a certified copy of a Judgment obtained by Peter and George
Sauerwein against Brice B Brewer marked L.G., which is returned with the exparte
(?) commission.
The original deed referred to in the aforegoing testimony
is returned with the expart (?) commission in the case. There being no further
testimony offered the commission was closed and is returned unto your Honor
under our hands and seals this 30th day of Novr 1829.
Louis Gassaway
A Randall
And the said cause thus standing was continued until July
Term 1830 of the said Court at which Term the Chancellor passed in the said
cause his decree in the words following:
Peter Sauerwein & George
Sauerwein In Chancery July Term 1830
Vs This cause standing ready for
hearing and being submitted,
Brice B Brewer, Eleanor Ann Brewer, the bill
answers former interlocutory decree, commissions and
Edward W Brewer, Ann
Maria Brewer, all other the proceeds required by the chancellor read and
Brice B Brewer, Richard H Brewer, considered.
Jackson Brewer and Augustus
Brewer It is thereupon this twenty-third day of July eighteen hundred
And
thirty by Theodorick Bland Chancellor and by the authority of this court
adjudged, ordered and decreed that the deed of conveyance from the defendant
Brice B Brewer to the other defendants Eleanor Ann Brewer, Edward W Brewer, Ann
Maria Brewer, Brice B Brewer Junior, Richard H Brewer, Jackson Brewer and
Augustus Brewer bearing date the 15th day of April eighteen hundred and
twenty-nine be and the same is hereby declared to be vacated, annulled and
avoided to all intents and purposes and it is further adjudged, ordered and
decreed that the complainants recover their costs of suit to be taxed by the
Register. Theodorick Bland Chr
Test Ramsay Waters
Reybar Carr
Contributed by Mary Brewer, extracted from Chancery Record, 1830, Vol. 141, ff 507-17.
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