|
50 STRIKE'S CASE.—1 BLAND.
Court had told him should remain no longer idle, but be made pro-
ductive in the manner pointed out; and, not having done so, he
is clearly chargeable with interest.
Whereupon it is ordered, that Nicholas Brewer, the said trustee,
forthwith bring into this Court the sum of $1,393.22, as stated by
the account marked C, as part of the auditor's report returned on
the 6th of July last, together with interest on the said sum of
money from the 6th day of April last.
Some time after which, the case was again brought before the
Court, by a motion of the solicitor of the representatives of the late
Charles Wallace, the petition of Sarah H. Smith, and others, filed
on the 18th August, 1825, having been dismissed.
BLAND, C., 30th March, 1826.—Ordered, that the auditor's state-
ment of the 2d July, 1825, be ratified and confirmed; and that the
trustee apply the proceeds accordingly, with a due proportion of
interest, that has been or may be received, towards the payment
of such of the said claims as may remain due and unpaid after the
57 payment of the sum now in bank; for the payment of * which
to the said claimant's solicitor, the register is hereby directed
to draw a check.
The trustee, Brewer, appealed from the order of the 29th of
August, 1825; and under the name of the case of Nicholas Brewer,
v. Charles W. Hanson, and others, on the 2d of July, 1828, the
order was affirmed.
STRIKE'S CASE.
CREDITORS' SUIT TO VACATE DEEDS.—MESNE PROFITS.—COMPENSATION FOR
IMPROVEMENTS.—PARTIES TO CREDITORS' SUIT.—-PROOF OF CLAIMS.—
LIMITATIONS.—CHANCERY PRACTICE.
On a bill by a creditor, on its being shewn, that certain conveyances, by the
debtor defendant to the other defendant, were executed for the purpose
of defrauding the creditors of the debtor defendant, and without bona
fide consideration; they were by decree declared to be void, as against
the complainant, and the property ordered to be sold, (a)
It was held, that, by such a decree, the plaintiff's claim must be taken to
have been established; that the property directed to be sold was to be
dealt with in that suit as if those annulled deeds had never existed:
that the proceeds of sale must be brought into Court; and that a reser-
vation of "all equities as to the distribution of the proceeds of sale, are
(a) As to creditors' suits generally, see Hammond v. Hammond, 2 Bland,
316.
|
 |