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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 362   View pdf image (33K)
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362 HIGH COURT OF CHANCERY.
it out of its operation, and that it is, therefore, clear, the plaintiff can have
no relief upon his bill.
That the regular and proper course of proceeding, was by a petition in the first
cause to enforce the order of the Chancellor ratifying the report of the
Auditor, and not by filing an independent bill.
That as this bill was for the payment of a specific sum of money, and not for an
account generally, though the plaintiff can have no decree, the defendants
cannot have one for their overpayment.
[The bill was filed on the 25th of November, 1843, by the
complainant, Henry F. Frieze, and after alleging his appoint-
ment as administrator of Rachael Forsyth, states and charges
that John Glenn and David Steward, the defendants, as admin-
istrators c. t. a. of Alexander Forsyth, heretofore filed their bill
against the said Rachael, charging her with a failure to comply
with the terms of sale made by them as administrators as afore-
said, and praying for a decree for the sale of the property of
which the said Rachael had become the purchaser, for the pay-
ment of the purchase money due by her. That a decree was
accordingly passed, appointing the said Glenn and Stewart
trustees, to make the said sale, and the said Rachael again be-
come the purchaser of the property. That the Auditor, by his
report in that case, of the 9th of March, 1837, assigned the sum
of $1,208 76 to the said Rachael, and that this report was con-
firmed on the 10th of March, 1837. The bill then charges
that this sum was due and owing by the said trustees to the
said Rachael at the time of her death, that they have refused to
pay the same, and prays that they may be decreed to pay the
same.
The answer of Glenn and Stewart, filed on the 8th of Janua-
ry, 1844, admits the appointment of the complainant as admin-
istrator of the said Rachael, the appointment of the defendants
as trustees, the purchase of the property by the said Rachael,
and the report of the Auditor, as alleged in the bill. It then
charges that the defendants called upon said Rachael to com-
ply with the terms of sale, when she declared herself wholly
unable so to do. That in the early part of September, 1837,
the said Rachael, by one Alexander Yearly, her agent, sold the
said property to Mrs. Helena Stewart, the latter agreeing to

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 362   View pdf image (33K)
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