Source: Chancery Court (Chancrey Papers)

Mdhr 17898-927

Benjamin Contee vs. Joseph Clark Anne Arundel Co 1791

Not recorded

"To the Honorable Alexander Contee Hanson Chancellor of Maryland Humbly complaining shew unto your Honor your Orator Benjamin Contee of Charles County that your said Orator in May Term in the year seventeen hundred and eighty eight recovered judgement in the General Court of the Western Shore against Stephen Clarke of the City of Annapolis for as well as the sum of twelve hundred pounds current money as the costs of suit upon which judgement thre has been paid to your orator and no more.

Your orator further shews that the said Stephen Clarke hath since on or about the Seventh day of May seventeen hundred and ninety one conveyed all His Property Real & Person to Joseph Clarke the defendant herein afternamed in trust to sell & dispose thereof for payment of a debt due by the Stephen Clarke to a certain Stephen Wilson of Baltimore Town for which the said Joseph Clark is bound as security to the said Stephen and also for the payemnt of a debt from the said Stephen to the said Joseph as by the said conveyyance recorded in the Records of the General Court reference being thereunto here will appear and to which your orator by leave to refer

Your orator further shews that the property so conveyed to the said Joseph Clark is much more than sufficient to pay the debt due to him and also the debt of the said Stephen Clarke for which the said Joseph is bond and security and your orator hath taken an attachment out of the said General Court on the said Judgement and laid the same on the property of the said Stephen Clark in the hands of the said Joseph Clarke and hath applied to the said Joseph Clarke to sell and dispose of the said propertyy or so much thereof as maybe neccessary so conveyed to him to pay and satisfy the demands aforesaid for the payment of which the same was so conveyed to him and all to apply the balance of the said sale or residue of the property in hid Hands to the satisfaction of your orator said Judgement as in Justice he ought to do but the said Joseph Clarke neglects and refuses to execute the said Trust and dispose of the said property and keep the same in his possession and refuses to apply any part thereof to the satisfaction of your orators said judgement. All which acting and doing oof the defendant Joseph Clark and contrary to Equity & good conscience & tend to your orators great injury & wrong. In tender consideration whereof and for as much as your orator is only relievanle in this court where trusts may be enforced & the defendant compelled to sell the said property and apply surpluses remaining in hid hands after satisfyin & discharging the said trusts to the payment of your orators said Judgment to the end threfore that the said defendant Joseph Clarke may true and perfect answers make to all singular his promises afforesaid as fully and particularly as if the same were herein again repeated and interogated and may be decree of the Honorale Court be compelled to sell and dispose of the property so conveyed to him & after payment of the debts due from the said Stephen Clarke to the Said Stephen Wilson of the defendan may apply surplus arising from the sale of the said property or the remainder in his hands to the discharge of the judgement aforesaid of your sai d orators & that your orator may have such further & other relief in the principles as the nature of the their case aforesaid may reprieve. May it therefor please your Honor to grant unto your orator the states writ of subpoeana to be directed toward teh defendant thereby commanding him to be and appear in this court to answer the promises and to abide such deree herein as to your honor shall seem meet & so forth.

[This document is important because it explains why Joseph Clark became bonded to Stephen Wilson, a bond which plays a significant factor in future cases issued by Clark's administrators.]