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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 343   View pdf image (33K)
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HAMMOND v. HAMMOND.—2 BLAND. 343

* claims in order to ascertain what proportion of the real
estate must be sold. Corrie v. Clarke, I Bland, 85, note. If, 359

and heiress, the defendant Margaret S. Magruder; whereupon it was prayed
that the realty might be sold, &c.

The administrator. Robert Wade, by his answer, admitted the facts as
stated; and the infant defendant in her answer by her guardian ad litem.
also admitted the truth of the facts set forth in the petition.

HANSON. C., 6th February. 1790.—Decreed, with the consent and at the
instance of Robert Wade, guardian of Margaret S. Magruder. that all the
real estate of the said Margaret S. Magruder, be sold for the payment of the
just debts of the said Edward Magruder, deceased, in and to the same, &c.
that he first give six weeks notice, in the Annapolis and Baltimore news-
papers, to the creditors of the said Edward Magruder to bring in to him. the
said trustee, their respective claims legally proved: and the like notice of
the time, place, and terms of sale. &c. And shall produce and lodge in this
Court with the register, the net proceeds of the money thence arising, to be
subject to the future order and distribution of this Court.—Chancery Pro-
ceedings, lib. S. H. H. lett. C. fol. 276.

McMuLLIN v. BURRIS,—This bill, filed on the 22d of July. 1790, states that
the late Edward Burris died leaving real and personal estate: that two of the
plaintiffs, as his administrators, had fully administered the whole of his per-
sonal estate, and had overpaid just debts: and that others of the plaintiffs
were also creditors of the deceased; whereupon it was prayed that the real
estate might be sold for the payment of the debts of the deceased.

The defendant's infant heirs answering by their guardian ad litem. ad-
mitted the facts as stated in the bill.

HANSON, C. 8th May, 1792.—This case standing ready for hearing on the
bill and exhibits, and on the answer of the defendants by their guardian
Thomas McMullin, together with the other exhibits and proceedings in this
cause, the same were read, and by the Court considered: and it appearing to
this Court, by the admissions of the said defendants, by their guardian, in
the answer aforesaid, and also by the exhibits aforesaid, that the personal
estate of the said Edward Burris is insufficient to pay his debts, and that he
left real estate to descend to the said John Burris and James Burris, who
were, at the time of his death, and still are. infants.

It is thereupon Decreed, that the real estate of the said Edward Burris,
consisting of a tract of land called Stoney Battery, containing one hundred
and fourteen acres, lying in Cecil County, which has descended to the said
John and James Burris, be sold for the payment of the debts of their said
father Edward Burris: that Richard Thomas, of said county, be. and he is
hereby appointed, trustee to sell the said real estate, and that the manner of
his proceeding be as follows: he shall first give notice by advertisement, in-
serted four weeks successively in the newspaper of Goddard & Angel, and
set up in the most public places in the county, to the creditors of the late
Edward Burris, who have not already exhibited their claims in this Court,
to bring in their respective claims legally proved, and lodge the same with
the register of this Court. And the said trustee shall then, in like manner,
give four weeks notice of the time, place and terms of sale of the said real
estate, which shall be by auction, the purchaser or purchasers giving bonds,
with approved surety, for the payment of the consideration money, with in-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 343   View pdf image (33K)
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