162 HI6H COURT OF CHANCERY.

net proceeds of this sale, be apportioned among the parties
who have preferred claims to it ?

Since the decree, various claimants have presented them-
selves, insisting upon their right to participate in, or have ap-
propriated to their use, portions, or the whole of the surplus of
these sales, after paying the mortgage debt of the complain-
ants,

On the 10th of May, 1839, Carroll, the mortgagor, convey-
ed to Richard Caton, for the sum of $1260, two portions of the
tract called "Canal and Rail Road," designated as lots number-
ed 15 and 16, and containing, the one 273 acres, and the other
342; and the grantee in this deed being dead, Josias Penning-
ton, as his administrator, and his heirs at law, filed their peti-
tion on the 4th of February, 1847, praying that a portion of
said proceeds of sale may be paid to them.

On the 17th of June, 1842, two other parts of the same tract
were conveyed by way of mortgage, by the same William Car-
roll, to George Neilson, administrator of James Neilson, to
secure the sum of $2000. These portions contain together the
quantity of 374 acres.

And on the 18th of July, 1843, the same party conveyed to
Jacob Snively, one individual moiety, of all those several tracts
in trust for the payment, rateably, of certain of the creditors of
the grantor. And these two parties, Neilson and Snively, are
also claimants of portions of the fund raised by the sales.

In addition to these, J. J. Speed, by his petition, filed on
the l8th instant, insists upon his right to have a part of the
money paid to him upon the grounds set forth in his petition.

By an account filed by the complainants on the 31st Decem-
ber, 1846, there appears to have been other transactions than
the mortgage between Charles Carroll of Carrollton and the de-
fendant, in respect of which the defendant became indebted to
him in other sums of money than those secured in that
way; and the same account shows that the defendant made
payments from time to time of various sums of money, without
any application being made by either party of such payments,
towards the satisfaction of either of the debts.