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

rals in about eight hundred and seventy-six acres of other lands,
all lying in Anne Arundel County; and the personal estate they
describe as consisting of slaves, horses, carts, wagons, implements
used in the manufactories, &c. But they do not say, or in any
manner intimate, that the real estate was sold, or even offered for
sale separately from the personalty; nor do they furnish any means
whereby the separate value of the real and of the personal estate
may be ascertained, or how much of the purchase money was given
for the one or the other. These trustees also report, that they had
given notice, as directed, to the creditors of the Cape Sable Com-
pany, to bring into the Chancery office the vouchers of their
claims, within six months from the day of sale. This sale was
finally ratified on the 23d of September, 1828.

On the 6th of October, 1828, Philip G. Lechleitner, for himself
and in behalf of and to the use of J. J. Vanderkemp, executor of
Paul Busti, deceased, filed his petition and claim, in which he
states, that he was for a number of years employed by the Cape
Sable Company as agent and superintendent of its manufactories
and concerns; that in the course of his agency he had, as ap-
peared by his account, which he was ready and would be able to
verify, large sums of money due to him, amounting, on the 10th of
August, 1824, to the sum of $27,042.45; which, with interest on
the several items, was still due; that he had assigned this claim
against the Cape Sable Company to the late Paul Busti to secure
him for the amount which he, Lechleitner, owed him, Busti.
Whereupon he prayed, that his claim might be adjusted and al-
lowed accordingly, &c.

Among the vouchers produced and admitted in evidence, in re-
lation to this claim of Philip G. Lechleitner, is an agreement under
seal, made and entered into on the 25th of September, 1813, by
Richard Caton, John Gibson, Robert G. Harper and Robert Pat-
terson of the first part, and Philip G. Lectdeitner and Gerard
Troost on the second part, for the establishment and carrying on
of works for making copperas and alum, or either of them, on
lands in Anne Arundel County, lately conveyed by the said John
Gibsou to Charles Carroll of Carrollton, in trust for the use of the
said John Gibson, Richard Caton and others. The partnership
* formed under this agreement was to continue for ten years
629 from the date thereof; and the mode in which the business
of the concern was to be conducted; the capital to be furnished
by the parties of the first and second part; and the terms and pro-
portions in which the profits were to be divided between them, are
all particularly specified in the contract itself.

On the 22d of October, 1828, William O'Hara filed his petition,
in which he stated, that during the term of his sheriffalty of Anne
Arundel County, four writs of fieri facias from Anne Arundel
County Court against the Cape Sable Company, one at the suit of