206 CAMPBELL'S CASE.—2 BLAND.

defendant Donaldson, had not yet accounted for the sums received
by him; and that the personal estate together with so much of the
real estate as had been devised to be sold was wholly insufficient
to pay the debts of the testator. Whereupon it was prayed, that
the executors, and the several trustees might be ordered to account
for the property and the several sums of money disposed of and
received by them; and that so much of the real estate of the testa-
tor, as had been devised to these defendants, his children and
grandchildren, as would be sufficient for the payment of his debts
might he sold for that purpose, &c.

The defendant Charles Campbell, by his committee, James Cun-
ningharn, answered and admitted the matters as set forth, so far
as they were within his own knowledge; but he insisted, that all
the lands devised to be sold should be first disposed of before any
other portions of the real estate should be ordered to be sold; and
also, that no part of that which had been devised to him the luna-
tic, and which constituted his only means of support should be
sold, until a full account had been taken of the funds which had
passed into the hands of the trustees.

The infant defendants, children of the defendant Catherine,
answered by their guardian ad litem, and admitted the circum-
stances as set forth in the bill; but they insisted, that the lands
devised to be sold, should be first applied in satisfaction of the
debts; and they also insisted, that the Act authorizing the Chan-
cellor to appoint a trustee to mortgage the estate of the testator,
and the proceedings under it, having passed with the full know-
ledge of the plaintiff's, and without any opposition from them or
any other of the testator's creditors, this Court had no power to
set aside and disregard that law, and the decree under it; and to
order a sale of the estate as if no such proceedings had been had.

The trustee, Donaldson, put in his answer, in which he admitted
all the matters set forth so far as he was concerned. The other
defendants having been summoned, and having failed to answer,
an interlocutory decree was passed against them, under the Act
of Assembly; 1820, ch. 161, s. 1; and a commission to take evidence,
was issued and returned in the usual manner.

* The solicitors of the parties, on the 25th of July, 1829,
220 filed an agreement in the following words: "It is agreed,
that this cause shall remain in its present state until September
Term; and unless some other agreement shall be entered into before
that time, that such decree shall then be entered as may appear
agreeable to the course of the Court, upon the case made by the
bill and answer now filed." No other agreement having been
entered into, the case was submitted, with a consent by the solici-
tors of the parties, except the defendant McHenry, that a decree,
as proposed, should be passed.