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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 606   View pdf image
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606 CAPE SABLE COMPANY'S CASE.—3 BLAND.

hereby suspended; and the said injunctions heretofore granted in
the said cases, are reinstated until further order. Provided, that
no cause be shewn to the contrary on the fourth day of April next,
or any earlier day, that may be agreed on between the solicitors
of the parties. And provided, that a copy of this order, together
with a copy of the foregoing petition, be served on the
626 * said defendants or their solicitors, on or before the twenty-
first day of the present month.

Afterwards the parties to these three combined cases: that is to
say, the bill filed on the 6th of August, 1822; the bill filed on the
4th of January, 1823; and that filed on the 10th of June, 1824,
submitted them all together on the following agreement: "It is
agreed in the above cases, that a decree shall be passed for the sale
of the property of the Cape Sable Company, mentioned in the
proceedings in said cases, by trustees to be appointed in the usual
form and terms; and that Samuel Moale and Charles F. Mayer be
the trustees for making said sale. And that the proceeds of said
sale shall be distributed by the Court according to the rights of
the parties. And that the Court pass an order notifying creditors
to exhibit their claims against the Cape Sable Company in Chan-
cery in order to such satisfaction as the Court may determine them
to be entitled to out of the .said proceeds. It is provided, however,
that if the said Robert Oliver shall become the purchaser of the
said property , or of any part of it, the amount of his and Charles
Carroll's alleged judgments against the Cape Sable Company may
be retained in his hands, without interest, until a final distribu-
tion of the proceeds of sale aforesaid, shall be ordered by this
Court: the said Robert Oliver giving bond and security, however,
for the amounts retained by him as aforesaid; and interest ceas-
ing from the time of said retention on the claims that said Oliver
and Carroll respectively may have against the Cape Sable Com-
pany. It is further agreed, that the terms of said sale shall be,
that five thousand dollars, part of the purchase money, shall be
paid in ninety dayjs; and the residue in equal instalments in one,
two, three, four, and five years, from the day of sale, with interest
from said day. For all which payments promissory notes shall be
given with surety, to be approved by the trustees. It is further
agreed, that the sale shall take place on or before the first of July,
1828; and that six weeks notice of such sale shall be given. It is
further agreed, that each of the said parties shall have the right
to appeal from any order or decree of the Chancellor respecting
the distribution of the proceeds."

BLAND, C., 5th April, 1828.—The said cases standing ready for
hearing, and being submitted, it is, with the assent of the parties
in writing, filed. Decreed, that the property of the Cape Sable

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 606   View pdf image
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