382 DEAKINS' CASE.—2 BLAND.
are oversights, of which it is not the intention of either party to
take any advantage. Therefore, let the pleadings be corrected in
these particulars, and a decree be prepared accordingly.
* Immediately after this, the pleadings were, by mutual
398 consent, amended as suggested, a decree was prepared, and
the case was again submitted.
BLAND, C., 16th March. 1830.—Decreed, that the defendants
give credit to the complainant, on account of the judgment in the
proceedings mentioned, for the several amounts stated in the
paper marked D, as of the dates of the several dividends due to
the complainant ; and also, with such other dividends as may
accrue on the stock before the'sale thereof, as hereinafter decreed.
And it is further decreed, that the shares of stock in the bill men-
tioned be sold, and that Somerville Pinkney be, and he is hereby
appointed trustee to make the said sale, &c. He shall then pro-
ceed to sell the said shares of stock to the highest bidder for cash,
to be paid on the day of sale or ratification thereof by the Chan-
cellor, giving at least ten days notice by advertisement, in one of
the newspapers published in the City of Annapolis, of the time,
place, manner and terms of sale, &c. And upon the ratification
of said sale and payment of the whole purchase money, and not
before, the trustee shall in the usual form transfer to the purchaser
or purchasers the shares of stock to him, her, or them sold, &c.
After which the stock was sold as directed, upon which an account
was stated by the auditor, which was confirmed on the 3rd of June,
1830, leaving a balance of $3,316.65 still due to the defendants.
DEAKINS' CASE.
TRUSTEE TO SELL PROPERTY FOR PAYMENT OF DEBTS.—CHANCERY PRACTICE.
The proceedings of a trustee appointed, under the Act of Assembly, to dis-
pose of property directed by a will to be sold for the payment of debts
or other purposes, may be limited and controlled.
In appointing such a trustee, the Court does not confer upon him an authority
more extensive than that specified in the will.
An order, directing a trustee to suspend further proceedings, operates as an
injunction.
Where certain proceedings, apparently distinct, relate to the same estate,
and have been linked together by an order, they may be thenceforward
proceeded in as one suit.
|
|