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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 208   View pdf image (33K)
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208 CAMPBELL'S CASE.—2 BLAND.

a decree for a sale may, therefore, be passed before the case has
been regularly set down for hearing, provided there be no other im-
pediment to the passing of such a decree.

his satisfaction; and if there were, there is no proof of the insufficiency of
the personal estate.

On the 31st of July, 1797, a settlement of an account by the administrator
of the deceased with the Orphans' Court, shewing a deficiency of the per-
sonal estate to pay the debts was filed, and the case was again submitted.

HANSOM, C., 17th August, 1797.—This case standing ready for decision on
the bill, answer, and exhibits; and the justice of the claim of one of the
complainants, and the insufficiency of the personal estate of the deceased
to discharge it, being fully established to the satisfaction of the Chancellor,
it is Decreed, that the land be sold, &c.

A sale having been made and ratified, and a report having been made by
the auditor, the case was thereupon brought before the Court.

HANSON, C., 13th June, 1803.—Ordered, that the auditor's report be ap-
proved and ratified; that is to say, that that statement which does not allow
Hanbury and Lloyd interest during the war, is approved and ratified. In
no case has the Chancellor allowed interest to a British creditor during the
war. In no instance, as he understands, has the General Court allowed
interest during the war. The said Hanbury and Lloyd, it seems, have re-
covered judgments against the said Brown, to be released on payment of
principal, with interest to the time of payment generally. The Chancellor
conceives the fair meaning of this to be. such interest as is legal, just, and
usual. Besides, not the plaintiffs and Brown only were interested on the
occasion; the other creditors were interested. In short, the Chancellor is
decidedly of opinion, that interest during the war ought to be suspended.
However, he is willing to receive any remarks in writing, or even hear an
argument, between those concerned, at the next term.

After some time the case was again brought before the Court, in relation
to this matter, and the solicitors of the parties heard.

HANSON, C., 17th August. 1803,—The complainant Jonas Chapman, as ad-
ministrator of a British subject, obtained judgment in the General Court
against Robert Brown, late of Queen Anne's County, on a bond executed by
the said Brown to the said British subject before the war. No defence was
made, but judgment was entered up in the usual way, to be released upon
payment, say of £400, with interest from the date of the bond and costs.
Since Brown's death, some of his creditors have obtained a decree, in this
Court, for the sale of his lands for the payment of his debts. The land hath
actually been sold by William Richmond, trustee. And now the said Jonas
hapman, not only claims a preference on account of his judgment, but
insists that there shall be no suspension of interest for the time during which
the war between the United States and Great Britain was carried on. On
the part of the other creditors it is insisted, that interest is due on the said
judgment only from the date of the bond to the commencement of the war.
viz. to the ——— day of ——— 1775, to the end of the war, viz. from the
——— day of September, 1783.

In various cases of claims exhibited in this Court by British creditors
against citizens of this State, the Chancellor has directed a suspension of

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 208   View pdf image (33K)
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