138 GIBSON'S CASE.—1 BLAND.

given bond, had forborne, at request of the defendant, to make
the sale, he was allowed half commissions. * Carroll v.
149 Jones, MS. 14th September, 1821. And where the sale, made

fee; that, since Baker's death, Scheisler has neither received the consideration
money, nor conveyed; but that he declares his willingness to convey, on re-
ceiving the money, although he will not file his claim in the Chancery Court.
On this statement, it appears unreasonable, that Scheisler will not exhibit
his claim to the Chancellor; and that such exhibition would be convenient
to all parties, by saving the trouble and expense of a Chancery suit, in
which Scheisler might probably be compelled to convey on receiving his
money. The Chancellor cannot direct money to be paid to Scheisler, unless
he exhibits his claim, or is called to answer a bill or petition for conveyance.
Upon the whole, the Chancellor thinks proper to declare, that, provided the
above statement of facts be full and correct in every particular, it will be
advisable for Scheisler to exhibit his claim to avoid inconvenience to himself
and the parties interested in the trustee's sale.

Sometime after which the case was again brought before the Court.

HANSON, C., 3d September, 1797.—Ordered, that the sale made by Henry
Kuhn, trustee of the real estate of Christian Baker deceased, as stated In
his report here filed, he absolutely ratified and confirmed, no cause to the
contrary, &c. although notice, &c.

Ordered likewise, that of the money arising from the said sale there be
applied the sum of £14 13s. 0d.. for the costs of this suit as taxed by the
register; that out of the said money there be allowed to the trustee, for his
whole trouble and expense incurred, or to be incurred, in the discharge of
his office, the sum of £36: that there be paid to the following creditors of
the said deceased the sums of money set opposite to their names, with inte-
rest thereon from August 20th. 1796, to the time of payment.

Conrad Doll ...... £131 16s. 9d.

(Then follows a list of twenty-three others.)

Ordered, that the said trustee, on the receipt of money from any of the
purchasers of the aforesaid real estate, either immediately deposit the same
in this Court, agreeably to the directions of the decree; or without delay,
distribute the same amongst the creditors aforesaid, according to their
claims. And the attested written receipt of any of the said creditors shall
be admitted in this Court instead of so much money directed to he brought
in.

Ordered, that the surplus of the money arising from the said sale remain-
ing, after discharging the several sums hereinbefore directed to be paid,
shall be subject to the future order of this Court.

After which, the vendor, Jacob Scheisler, having presented his claim
against the estate of the deceased, the case was again brought before the
Court.

HANSON, C., 22d August. 1798.—Ordered, that of the money to arise from
the sale of the real estate of the said Christian Baker, there be paid to the
following persons, whose claims have been exhibited since the passage of
the order for the application of part of said money, the sums set opposite to