DEAKINS' CASE.—2 BLAND. 385

*It is thereupon decreed, that so much of the real estate
in the proceedings mentioned, whereof William Deakins 401
died seized, lying and being in the State of Maryland, as may be
necessary, be sold for the payment of the debt in the proceedings
mentioned. That B. S. Pigman be, and he is hereby appointed
trustee to make the said sale, &c., which shall be on a credit of
twelve months, with interest from the day of sale; the purchaser
to give bond with approved surety, &c.

On the 18th of January, 1818, John Hove, as administrator de
bonis-non, with the will annexed of the late William Deakins, filed
his bill in this Court against Edward Thomas, in which bill Hoye
states that the defendant Thomas had recovered judgment against
him as administrator for a large amount; in satisfaction of which
judgment, the defendant Thomas bad agreed to take lands in Vir-
ginia; bnt that he had since refused to comply with the agreement
on his part, by selecting and accepting the laad.s as stipulated;
which agreement this plaintiff was then, and had always been
ready to perform on his part. Whereupon, the bill prayed for a
specific performance of the agreement, and for general relief.

B. S. Pigman having declined to act as trustee under the decree,
the matter was brought before the Court.

KILTY, C., 7th April, 1818.—Ordered, that John A.T. Kilgour
be, and he is hereby appointed trustee in the room of the said Pig-
man, to give bond m the same penalty, and to have the same
powers as if appointed by the original decree.

On the 26th of April, 1819, John Threlkeld and Elizabeth his
wife, filed their bill against the trustee John A. T. Kilgour. The
bill alleges that Jane Deakins, the devisee of the late William
Deakins, was dead, leaving this plaintiff Elizabeth her sole devisee
and heir-at-law; that the trustee Kilgour had advertised for sale
some of the lands which had been devised to the late Jane, and
which were then held by these plaintiffs, to satisfy the debt alleged
to be due to the petitioner Edward Thomas; that these plaintiffs
were unable to say any thing about his claim; but they presumed
that if the petitioner had filed his bill of complaint against the
heirs and devisees of the late William Deakins the plea of limita-
tions would have been a bar to an application for a sale of the real
estate for payment of debts. Whereupon the bill prayed for a
subpoena, and* also for an injunction to prohibit the trustee Kilgour
from proceeding * to make sale. To this bill there was sub- 402
joined the affidavit of the plaintiff John Threlkeld of the 402
truth of the facts therein set forth.

25 2B.