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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 202   View pdf image (33K)
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202 CAMPBELL'S CASE.—2 BLAND.

Benjamin Dorsey, $422.15 being the balance of the purchase
money of the land sold to him; for which he had executed to him
a deed: from Warner Warfield, $800, on account of his purchase:
from Joseph Forrest, 1102: and from Col. Beaty, $198.20, on ac-
count of rent of property in the City of Washington; amounting
in all to $1,522.35; upon which he was allowed a commission of
$74.20. And he further reported, that he had received of Warner
Warfield, for the lands sold to him, the sum of $2,600; upon which
he was allowed a commission of $100.

The auditor reported on the 4th of August, 1827, that he had,
at the instance of the trustee, made a statement of the claims of
creditors against the estate of the deceased, amounting to
215 *$50,860,65: but as it appeared, that some payments had
been made by the former trustees, no distribution could be ma.de
until the evidence of those paj rnents should be produced.

The plaintiff's, Edward Campbell and Cunningham and wife, by
their petition, tiled on the 11th of December, 1827, stated, that on
the petition of the devisees and heirs of the late William Campbell,
the General Assembly, had, on the 1st of March, 1826, passed a
private Act authorizing the Chancellor, on the application of any
person interested, and on being' satisfied that it would be bene-
ficial to the creditors and others interested in the estate, to appoint
a trustee with power to mortgage the real estate of which the late-
William Campbell died seized, or any part of it, for such sums,
and on such terms as he might deem most advantageous to all con-
cerned; and that the trustee so appointed, should give bond with
surety for the faithful performance of his duty. (g) And these

(g) An Act to authorize the appointment of a trustee or trustees, with
powers to mortgage certain real estate, for the purposes therein mentioned.

Whereas, it is represented to this General Assembly that William Camp-
bell, late of Frederick County, deceased, was, at the time of his death, seized
and possessed of considerable real and personal estate, and was indebted to
a very large amount; that the estate which he left is greatly more than suffi-
cient to pay his debts, if a sale of said property could be effected on reason-
able terms: but at this time, it cannot be sold without a considerable sacri-
fice. And whereas, the devisees and heirs-at-law of the said William Camp-
bell have petitioned this General Assembly for a law to authorize them, or
some person for them, to raise a sufficient sum of money to pay the debts
due by the; said William Campbell, by mortgaging the real estate of which
the said Campbell died seized. Therefore,

Be it enacted by the General Assembly of Maryland, That the Chancellor
of Maryland, upon the application of any person or persons interested in.
the said estate, and upon being satisfied that it will be beneficial to creditors
and other persons interested in the said estate, be, and he is hereby author-
ized to appoint a trustee or trustees, with power and authority to mortgage
the real estate of which said William Campbell, late of Frederick County, died
seized, or any part thereof, to such person or persons, and for such sum or
sums, and on such terms and conditions as he, she, or they may deem most
advantageous to all the persons interested as aforesaid in the estate of the

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 202   View pdf image (33K)
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