326 HAMMOND v. HAMMOND.—2 BLAND.
such is now the practice here as well as in England; Tyndale v.
Warre, 4 Cond. Cha. Rep. 100; and in affirmance of such a course
country, take receipts and lodge them in Chancery instead of so much
money.
In answer to the application of Mr. Edmondson, the trustee, this day re-
ceived, the Chancellor can only say, that if a purchaser, under a decree of
this Court, for the sale of lands on credit, for the payment of debts, tenders
the purchase money on the day of sale, and tenders the same immediately
after the Chancellor's ratification of the sale he ought not to be charged with
interest. The Chancellor cannot, with propriety, give any opinion or direc-
tion on any ex parte statement, relative to a particular case.
For the reasons already stated, the Chancellor cannot, at present ascertain
the sum to be raised by a further sale of Solomon Clayton's estate. He will
proceed to pass an order on the 3d of March next, for the application of the
money received or to be received, on the sale already made; and it is hoped,
that before that day the creditors will produce their proof.
After which, some of the creditors submitted their claims upon their
vouchers for adjudication and allowance.
HANSON, C., 13th July, 1795.—Being satisfied of the justice of the claims
of William Hemsley and Peregrine Tilghman, against the deceased, to the
amount of £1,061 15s. 9d. including interest to this day, after deducting the
payments; it is Ordered, that there be paid to the said claimants, out of the
money arising from the sale of the real estate of the said deceased, the
aforesaid sum of money, or that the said sum, or a part thereof, if assigned,
be deducted from the purchase money due on the said sale, or credited to
the purchaser.
After which the trustee stated, that it was highly probable, that the whole
estate would be insufficient to satisfy the creditors of the deceased.
HANSON, C.. July, 179.5.—The order of the 13th instant was passed, under
the impression, that the estate of Clayton would be more than sufficient to
discharge all his debts. It is now stated by the trustee, that it is uncertain,
whether or not the part remaining to be sold will raise money enough to
supply the deficiency of the first sale. The Chancellor, therefore, does not
conceive it safe to discharge the whole claim, or even the whole of the net
product of the first sale, the gross amount whereof is only £780, the sum of
£540.
We the undersigned, creditors of Solomon Clayton, deceased, do hereby
consent and agree, that Peter Edmondson, trustee, shall convey, in fee
simple, unto Henrietta M.Clayton, widow of the said Solomon Clayton, the
home plantation on which Mrs. Hannah Clayton lately dwelt, upon her, the
said Henrietta, giving bond with surety to the said Peter Edmondson to pay
him, to the use of the creditors, at the rate of three pounds per acre for the
said plantation, upon the same terms the Honorable Chancellor of Maryland
decreed the land of the said Solomon Clayton, called Neglect, to be sold.
James Hindman, William Hemsley, Peregrine Tilghman, M. Earle, Cor-
nelius Sewell, Esther Hindman.
HANSON, C., 15th August, 1795.—Ordered, That Peter Edmondson, trustee
for the sale of the real estate of Solomon Clayton, deceased, be, and be is
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