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Chancery Court Record of Sauerwine vs. Brewer (1829) Anne Arundel Co.


Peter Sauerwein and Be it remembered, that heretofore to wit on the twelfth
George Sauerwein day of September in the year of our Lord one thousand
Vs.eight hundred twenty-nine came Peter Sauerwein and
Brice B Brewer, Eleanor George Sauerwein by Somerville Pinkney, Esquire
Ann Brewer, Edward W their Solicitor into the Court of Chancery of Maryland
Brewer and others 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
Peter Sauerwein and In Chancery, September Term 1829
In this case the defendant Brice B Brewer having been
Against summoned and having failed to appear according to the
Brice B Brewer & others ;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 In Chancery
Vs Interrogatories on the part of the complainants
Brice B Brewer & others ;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 In Chancery
VsTo the Honorable Theodorick Bland, Esq Chancellor of Maryland
Brice B Brewer, Eleanor I the subscriber appointed commissioner in the above cause do certify
Ann Brewer and others 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

Source of this document:

Chancery Record, 1830, Vol. 141, ff 507-17


Contributed to the MdGenWeb by Mary Brewer (mary_a_brewer_2000 @ yahoo.com)

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