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APPENDIX——CHANCERY LAWS.
does not pay the sum due upon the mortgage by the time limited
in the decree for paying the same, to order and direct that the
mortgaged premises, or so much thereof as may be necessary to
discharge the money due and costs, be sold for ready money, (unless
the plaintiff shall consent to a sale on credit,) by a proper person
to be appointed by the chancellor, and to order that the money
raised by such sale be brought into court to be paid to the plaintiff;
and the person empowered to make such sale shall give bond, with
good security, to be approved by the chancellor, for the faithful
execution of the trust, and full compliance with the order of the
chancellor, and upon failure to execute such trust, the party grieved
shall have a right to bring suit on such bond, or a copy thereof,
against principal and security or securities, and shall recover the
money for which the mortgaged premises shall have sold, and the
plea of non est factum shall not be received, unless verified as
aforesaid; and the chancellor may also issue attachment of contempt
against the person empowered to sell as aforesaid, and his
security or securities, and may thereupon commit both principal
and securities, and may thereupon commit both principal
and securities until his order shall be fully complied with, and
contempts cleared.
By 1794, ch. 60, when a mortgagor
has removed, and his situation cannot be
ascertained, or that of his representatives, the chancellor, on evidence
thereof,
may decree a foreclosure or sale, on giving such public notice as he shall
deem
necessary. |
NOV. 1785.
CHAP. 72. |
4. AND BE IT ENACTED, That if any person hath
died, or shall
die, leaving real or personal estate to be sold for the payment of
debts, or other purposes, and shall not, by will or other instrument
in writing, appoint a person or persons to sell or convey the same
property, or if the person or persons appointed for the purpose
aforesaid shall neglect or refuse to execute such trust, or if such
person or persons, or any of them, shall die before the execution
of such trust, so that the sale cannot be made for the purposes intended,
in every such case the chancellor shall have full power and
authority, upon application or petition from any person or persons
interested in the sale of such property, to appoint such trustee or
trustees for the purpose of selling and conveying such property,
and applying the money arising from the sale to the purposes intended,
as the chancellor shall, in his discretion, think proper. |
And appoint a
trustee to sell, &c. |
5. AND BE IT ENACTED, That if any person hath
died, or shall
hereafter die, without leaving personal estate sufficient to discharge
the debts by him or her due, and shall leave real estate which descends
to a minor, or person being idiot, lunatic, or non compos
mentis, or who shall afterwards become non compos mentis, or
shall
devise real estate to a minor, or person being idiot, lunatic, or non
compos mentis, or who shall afterwards become non compos mentis,
the chancellor shall have full power and authority, upon application
of any creditor of such deceased person, after summoning such
minor, and his appearance by guardian, to be appointed as aforesaid,
(a) and hearing as aforesaid, or after summoning the person
(a) By 1789, ch. 46, the chancellor
shall have the same power to direct the
sale of lands in this state belonging to minors, residents of any other
state. Such
notice to be given as the chancellor may direct. And by 1790, ch.
38, the chancellor
may direct the sale of all lands and real property in this state, or any
remainder
or reversion thereon dependent belonging to minors, residents
out of
the state and the United States, for payment of debts due from the person
from
whom they derive such remainder, reversion or real estate; such notice
to be
given as the chancellor shall think proper. |
Chancellor in certain
cases, may order
a sale of real
estate, &c. |
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