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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 507   View pdf image (33K)
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MULLIKIN v. MULLIKIN.—1 BLAND. 507

February, 1825, and on the same day the auditor reported a dis-
tribution of the proceeds among those heirs of the late Belt Mul-
likin; which was confirmed by an order passed on the next day,
and the trustee directed to apply the proceeds accordingly.

On the 12th of September, 1827, the heiress Kitty, who had mar-
ried Joseph Howard, with her husband filed a petition, alleging,
that the trustee Basil D. Mullikin had received the whole or the
greater part of the purcliase money, and had not paid the peti-
tioner Kitty or her husband the share awarded to her, whereupon
they prayed, that the trustee might be ordered to report his pro-
ceedings and to bring into Court the proceeds of the sale made by
him. L'pon which he was ordered to report or shew cause; and
accordingly on the 26th of February, 1828, he filed his report or
answer, loosely stating the sums he had received and paid away,
and that the securities taken from the purchasers had been de-
posited with his surety Baruch Mullikin, and further that he had
applied for the benefit of the insolvent laws. To the sufficiency of
this answer the petitioners filed their exceptions on the 29th of
February, 1828, in which they also pray, that Baruch Mullikin
may be required to bring those securities into Court; that the
trustee be directed to bring in the money received by him; and
that he be displaced.

On the same 29th of February the heiress Rachel with Thomas
I. Hall her husband, and Harriet Waters as assignee of the heir
John Waters, filed their petition, in which they state, that the
share awarded to Rachel and John had not been paid by the trus-
tee; and pray, that they may be admitted as parties along with
Howard and wife; which was ordered accordingly.

BLAND, C., 3d March, 1828.—On consideration ol the petition
of Howard and wife and the answer of the trustee Basil D. Mul-
likiu thereto; and of the objections to that answer, which objec-
tions being considered valid, it is ordered, that the said trustee
Basil D. Mullikin be and he is hereby required to make a full and
perfect answer to the said petition accordingly on * or before
the first day of April next. And it is fuither ordered, that 540
the said Basil D. Mullikin and the said Baruch Mullikin, his surety,
bring into this Court all the bonds or notes which were taken by
the said Basil from the purchasers of the property in the proceed-
ings mentioned to secure the payment of the purchase money; or
in case the same or any part thereof has been paid to them or
either of them, that they bring into this Court the whole amount
of the money so received by them or either of them, on or before
the first day of April next, or shew good cause to the contrary:
provided that a copy of this order, together with a copy of the
said objections, be served on the said Basil D. Mullikin and Baruch
Mullikin on or before the fifteenth instant. And it is further

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 507   View pdf image (33K)
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