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212 WILLIAMS' CASE.—3 BLAND.
And so too real estate in the hands of an infant heir or devisee
may, in various other modes of judicial proceeding be converted
such, for paying the purchase money with interest, within six months from
the time of sale. And if a sale on credit shall take place agreeably to the
directions of the decree, the trustee shall, in every respect, pursue the di-
rections herein before given relative to the return execution of a deed, and
bringing money into Court. He shall likewise return to this Court the bond
or bonds by him taken, and the writing expressing the consent of the parties
to the sale on credit.
Immediately after signing the above as the decree, the following vras
subjoined:
HANSON, C.. 17th January, 1798.—It appears on examination, that a mis-
take hath been made with respect to the debt to be due on the 10th of Febru-
ary next. However, the mistake could not be material, unless the defend-
ant should actually bring the money into Court on the said day without any
discovery of the mistake. For in case the defendant shall not offer to bring
in on that day, it appears by the decree, that the sum to be raised by a sale
is £777 19s. 3d. with interest from the 9th of May, 1793, after deducting
£274 9s. Od. as paid 30th of April, 1794. The sum to be due on the 10th of
February next, is £706 19s. 5d.
After which a sale of the mortgaged property having been made and re-
ported; and the usual order allowing cause to be shewn why it should not
be confirmed having been published, the case was again submitted.
HANSON, C.. 27th March, 1800.—No objection having been made to the sale
of the trustee Lambert Hyland, although notice, &c.; and the complainant
having by writing expressed his approbation; it is Adjudged and Ordered,
that the said sale made by the said trustee, as stated in his report, be and it
is hereby absolutely ratified and confirmed.
It is further Ordered, that the said trustee for his whole trouble and ex-
pense, incurred in the execution of his trust, be allowed the sum of thirty
pounds, out of the money to arise from the sale; that the sum of £20 12s.
1 1/2d. be applied to the discharge of costs as taxed by the register of the Court;
that the residue of the said money be paid to the complainant Thomas Jones,
towards the discharge of the debt to him due on the mortgage stated in the
bill, But as the complainant is the purchaser of the land sold, and passed
his bond for the purchase money, there is no necessity for the money to be
actually paid. And it is ordered, that on his giving his receipt in writing to
be here lodged, for the said residue, and on paying to the said trustee the
said sum of thirty pounds, the said bond shall be given up to him to be can-
celled, and the said trustee shall execute to him a deed, as by the original
decree is directed.—MS.
A mortgage to secure the payment of money, being a creature of equity,
can only be correctly understood according to those equity principles by
which the contract is regulated. It having been assumed in regard to such
a security, that the creditor might be sufficiently reimbursed by the payment
of the principal of the debt, with legal interest, at any time after the day of
payment, when, according to the terms of the contract, the condition having
been broken, and the estate at law having thereby become absolute, it
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