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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 409   View pdf image (33K)
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WILLIAMSON v. WILSON.—1 BLAND. 409

thereof be given by a publication of the order in the American
newspaper. Proof of the publishing of these orders was made in
the usual manner by filing a certificate of the editor of the news-
paper in which they had been inserted. And many of the credi-
tors of the firm having filed the vouchers of their claims, the
plaintiff on the 9th of December filed exceptions to many of them
for want of the requisite proofs and testimonials of authenticity;
and against some because of their not being in their nature ad-
missible as claims against this firm.

BLAND, C.. 11th December, 1820.—Notice having been given as
ordered, to the creditors to exhibit their claims, and the case being
now in a situation to have an account stated, on motion of the parties,
it is ordered, that this case be and it is hereby referred to the audi-
tor, with directions to state, from the proceedings and proofs, an ac-
count or accounts shewing the amount due from the firm of Wilson,
Williamson & Co., to each of their creditois who have exhibited
their claims to this Court; and also the * proportion which

each one of them may be entitled to receive out of the funds 433
in the hands of the receiver after all just allowances have been
made. And also to state such other accounts as the nature of the
ca.se, or the parties may require.

The first receiver, David Williamsou, Juu'r, who was appointed
on the third, and removed on the twenty-fourth day of April last,
is hereby allowed one percent, on the amount now about to be
distributed among the creditors of the said firm. The present
receiver Jacob Schley is herebys allowed eight per cent, on the
same amount, as a compensation for his trouble in receiving the
same; and in paying over to each creditor his portion thereof, ac-
cording to the statement of the auditor, after it shall have beeu
confirmed by the Chancellor. Each of the.se receivers are also to
be allowed such expenses as they may either of them have incurred,
as such, in the defence and preservation of the property com-
mitted to their keeping, and in the execution of the trust reposed
in them; of which expenditures they shall produce before the
auditor vouchers authenticated in the usual manner.

On the 13th of February, 1827, the auditor made a report, with
a statement of the distribution of the funds among the creditors
who had then filed their claims. Assuming as directed the princi-
ples and rules of the Court applicable to claims brought in under
a creditor's bill, the auditor stated, that there were then filed
thirty-two claims; that many of them were not proved as required;
that others were founded on endorsed notes or joint liabilities, and
those who were so jointly liable with the firm were not shewn to
be mere sureties or insolvent; and that others were objectionable
in their nature because of its not clearly appearing that they were

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 409   View pdf image (33K)
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