| Volume 200, Volume 2, Page 288 View pdf image (33K) |
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288 HIGH COURT OF CHANCERY. tent title is ready, at any time, to be interposed, when the creditors, deluded by the act of the party holding it, have re- course to the courts, for the recovery of their claims. Entertaining these views, a decree will be signed, vacating the mortgage of the personal estate of the 4th of June, 1846, and appointing a trustee for the sale of the property contained in it, for the payment of the claims of the complainants. The same decree may, if the parties desire it, direct a sale of the lands in AIleghany county, for the satisfaction of what- ever amount may be found due on the mortgage to the defend- ant, Griffith. The questions arising upon the auditor's report, will be reserved until the proceeds of the sales come to be dis- tributed. R. W. GILL and S. J. K. HANDY for Complainants. 0. HORSEY, and T. S. ALEXANDER for Defendants. [The defendants entered an appeal from the decree in this cause, which was argued at the last term of the Court of Ap- peals, by Thomas S. Alexander and John Nelson, Esqrs., for the appellants, and John V. L. McMahon and Reverdy John- son, Esqrs., for the appellees, when the appellate court affirm- ed the decreed or the reasons assigned by the Chancellor. Thus the above opinion has been adopted by the highest judicial tri- bunal in the state, and, therefore, becomes a part of the law of the land.] |
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| Volume 200, Volume 2, Page 288 View pdf image (33K) |
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