CAPE SABLE COMPANY'S CASE.—3 BLAND. 607

Company, mentioned in the proceedings, be sold; and * that
Samuel Moale and Charles F. flayer be appointed trustees 627
to make the sale, &c. And, i'n pursuance of the said agreement,
it is further decreed, that if the said Robert Oliver shall become
the purchaser, he may retain, &c. And the trustees at the time
of advertising the said sale, shall also give notice to the creditors
of the Cape Sable Company, to exhibit their claims, with the
vouchers thereof, in the Chancery office, within six months from
the day of sale.

It appears, that the plaintiff Addison Eidoui had died some time
previous to the passing of this decree; but as his interest survived
to the parties before the Court, the case proceeded in the name of
Joseph Jubere. But James Jubert, the other trustee, one of the
plaintiffs by whom the suit had been hitherto prosecuted by the
name of Joseph Jubere. by his petition, now stated, that he never,
until lately, heard of his having been constituted a trustee, or of
the suit having been instituted in his name; that he had never at
any time, or in any way, consented to act as trustee, or to the
bringing, or prosecuting of this suit. Whereupon he prayed to be
discharged, &c. The solicitors of the plaintiffs assented to the
prayer oi' this petition, and recommended Augustus E. Addison to
take his place.

BLAND, C., 29th June, 1828.—On consideration of the foregoing
petition and the consent of the complainant's solicitor tbis day
submitted; it is ordered, that the said bill of complaint, as to the
said James Jubert. who, as is alleged, had instituted the said suit
by the name of Joseph Jubere, be and the same is hereby dis-
missed with costs. And it is further ordered, that the said Augus-
tus E. Addison be and he is hereby appointed trustee in the place
and stead of the said James Jubert, who sued by the name of
Joseph Jubere, and that the said Augustus E. Addison be substi-
tuted for, and be considered as standing in the place of the said
as trustee in the said bill of complaint and all the proceedings of
the said suit.

The trustees Moale and Mayer reported, that they had, on the
30th of June, 1828, sold the whole of the real and personal estate
of the Cape Sable Company in pursuance of the decree; and that
Robert Oliver was the purchaser thereof for the sum of $24,000,
with a reservation of the claim of Philip G. Lechleitner of a lease
and the value of certain fixtures to be allowed to him, and
* deducted from the amount of sales. The real estate is 628
described by these trustees in their report, as consisting of several
tracts and parts of tracts of land as therein named, containing
about one thousand and ten acres, with a right of mines and mine-