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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 341   View pdf image (33K)
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DORSEY v. CAMPBELL,—1 BLAND. 341

a trustee who made sale of it under a decree. Rawlings v. Car-
roll, ante, 75; Wren v. Kirton, 8 Ves. 502; Sugden Vend. & Pur.
42; Oland's Case, 5 Co. 11C; Co. Litt. 55, b.(d)

This summary mode of proceeding by a purchaser to obtain the
possession of lands which he has bought at a sale made by virtue
of an execution issuing from the Court of Chancery, is thus specially
and particularly described. And the time for showing cause why
he should not be thus put into possession, is limited to the first four
days of the term next succeeding that to which said process was
returnable. This application has, therefore, been made according
to the manner and after the time allowed for showing cause, for it
is not made necessary for the applicant to call upon the occupant
to show cause, as the public sale is assumed by this law to be a
sufficient notice to him of the peril in which he stands; and the
first four days of the term next succeeding that to which the
* execution under which the sale was made was returnable, 366
is taken to be a sufficient allowance of time te provide for his
safety.

It is thereupon ordered, that a writ in the nature of a writ of
habere facias possessionem issue as prayed, according to the provi-
sions of the Act of Assembly in such case made and provided.

(d) WRIGHT v. WEIGHT.—1716.—Decreed, that the defendant convey to the
complainant. John Wright and Ms heirs, the land in dispute on his or their
paying the defendant forty pounds sterling by good bills of exchange; and
that she have liberty to finish the crop now upon hand; and that the said
John Wright enter thereupon by Christmas day, but not to disturb her in
the use of the houses until she has finished the shipping and packing the
crop, and the use of the quarter in the interim. Chan. Records, lib. P. L.
folio 292.

TAYLOR v. COLEGATE.—This was a creditors1 bill filed on the 25th of March,
1803. by two of the creditors of John Colegate. deceased, against his six chil-
dren and heirs, five of whom were infants. The bill states, that, being in-
debted, he died without leaving a sufficiency of personal estate to pay his
debts: but that he held an equitable interest in certain parcels of land,
which it was prayed might be sold to pay his debts. The defendants an-
swered, and a decree was passed in the usual form, directing a sale to be
made.

After which Elizabeth Colegate, the widow of the deceased debtor, filed
her petition, in which, among other things, she stated, that she then, 12th
May, 1804, had a quantity of wheat and rye growing on the land; which she
had, by her own personal labor and the assistance of her neighbors, con-
trived to put in the ground the then last fall; that she apprehended the
trustee would sell her grain then growing, with the land; whereupon she
prayed relief, &c.

HANSON, C., 12th May, 1804.—On reading the petition of Elizabeth Cole-
gate, the Chancellor thinks proper to declare, that it was not the intent of
his decree, that the crop growing on the land of John Colegate should be
sold with the lands; and that the trustee ought to announce to purchasers,
that the crop is excepted.—Chancery Records, 1804, p. 151.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 341   View pdf image (33K)
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