CAPE SABLE COMPANY'S CASE.—3 BLAND. 609

Samuel C. Love, another at the suit of George Slye, a third at
the suit of Luke W. Barber, and a fourth at the suit of Thomas
Barber, with another writ of fieri facias from Baltimore County
Court against the Cape Sable Company, at the suit of Robert
Oliver, surviving partner of John Oliver, were delivered to him to
be executed; that he levied them accordingly, and advertised the
property of the Cape Sable Company so taken for sale; but was
restrained from proceeding further by the injunction issued in this
case; that afterwards, under the decree of this Court, all the prop-
erty of the Cape Sable Company was sold; and that his poundage
fees have not yet been paid. Whereupon he prayed that they
might be paid out of the proceeds of sale, &c.

BLAND, C., 5th November, 1828.—Ordered, that the matter of
the foregoing petition stand for hearing on the fifth day of De-
cember next; provided that a copy of this order, together with a
copy of the said petition, be served on the respective parties in
this suit, or their solicitors, on or before the seventeenth day of
the present month.

Copies having been served as required by this order, the mat-
ter was at the time appointed for the hearing brought before the
Court,

BLAND, C., 15th December, 1828.—The petition of William
O'Hara standing ready for hearing, and his solicitor having been
heard, and no one appearing for any of the parties, although
notice bad been given as required, the proceedings were read and
considered.

It appears that the petitioner, as sheriff of Anne Artmdel
County, executed five writs of fieri facias against the Cape Sable
Company. It is not shewn when any of these writs came to his
hands. From his return it appears, that they were all laid to-
gether on certain real and personal property as per schedule; but
on what day, is not said. * After these executions had been
thus levied he was prevented from proceeding to make sale, 630
by an injunction from this Court obtained at the instance of these
complainants; who represented and claimed the interest of one of
the corporators of the Cape Sable Company; against all the plain-
tiffs and defendants in those writs of fieri facias. After which,
and while the injunction was in full force, by a decree of this
Court, passed with the consent of all the parties to the suit, all
the property of the Cape Sable Company, including the whole of
that on which the executions had been levied, was directed to be
sold, and the proceeds brought in to be distributed among the
creditors and parties in proportion to their respective claims; and
it has been sold accordingly.

39 3 B.