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MULLIKIN v. MULLIKIN.—1 BLAND. 509
D. Mullikin, the former trustee, and Baruch Mullikin and Regnal
Mullikin his sureties, and Benjamin H. Mullikin, and Margaret
Mullikin, who died after the passage of that order and after having
been married to Nicholas Woodward, be and the same is hereby
rescinded and annulled.
On the 5th of May, 1828, the trustee Alexander also represented,
that the purchaser Anderson and his surety Benjamin H. Mullikin
had not paid the purchase money; upon which by an order of the
7th of the same month, they were ordered to bring in the balance
due,or shew cause. And they having failed to bring in the money,
the matter was submitted for the judgment of the Court upon the
cause shewn.
BLAND, C, 25th June, 1828.—The petition and representation
of the trustee, together with the answer thereto of Edward E.
Amlerson and Benjamin H. Mullikin, having been submitted, the
same, with the proceedings to which they relate, were read and
considered.
It appears, that the whole amount of the purchase money for the
tract of land heretofore sold as mentioned in the said represen-
tation has not been paid, and that for the amount still due the
equitable lien held by this Court yet subsists in fall force and un-
impaired.
Whereupon it is decreed, that the trustee Thomas S. Alexander
proceed to make sale of the land, heretofore sold to the .said Ed-
ward E. Anderson, for the payment of the balance of the purchase
* money due thereon; that the sale be at his risk; and the
terms thereof be for ready money payable on the day of its 542
ratification. In all other particulars the trustee is directed to con-
form to the decree, according to which and the subsequent orders
he has given bond for the faithful discharge of the trust reposed
in him.
From this decree Anderson appealed, and filed a bond which was
approved on the 29th of January, 1829, but the appeal was some
time after abandoned.
On the 4th of November, 1828, Daniel Kent filed his yetition,
in which he states, that by a deed bearing date on the 5th of May,
1825, the heir Basil D. Mullikin convoyed his interest in the estate
of the intestate to the heir Baruch Mullikin; and that by a deed
bearing date on the 18th of July, 1827, the heir Regnal Mullikin
conveyed his interest in the intestate's estate to the heir Baruch
Mullikin, who having thus, by assignment and descent become en-
titled to three-tenths of the intestate's estate, by a deed bearing
date on the first day of May, 1828, assigned the same to the peti-
tioner; and that he, this petitioner, is a bona fide purchaser for a
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