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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 425   View pdf image (33K)
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THORNBURG VS. MACAULEY. 425
MARGARET THORNBURG
vs. JULY TERM, 1849.
ELIZABETH MACAULEY ET AL.
[ACTS OF ATTORNEY BINDING ON HIS CLIENT——SELECTION 0F TRUSTEES
PRACTICE.]
WHATEVER is done by the attorney in the progress of a cause, is considered as
done by the authority of the client, and is binding on him.
In the selection of trustees, the court will always give due weight to the wishes
of those who are chiefly interested in the result of the sales, and in creditors
bills, the recommendation of a majority in amount, of creditors, is seldom
disregarded.
In this case, after the decree for a sale, and appointing trustees for that purpose,
had passed, creditors to a large amount came in, and, upon the ground of
surprise, ask that the decree might be opened, and so far modified, as that a
trustee named by them might be associated with the trustees already ap-
pointed. HELD—
That in the absence of any charge affecting the fitness of the trustees already
appointed to discharge faithfully their trust, it would be establishing an in-
convenient and embarrassing precedent to grant the application.
[The bill was filed in this case on the 15th of August, 1849,
by the complainant, alleging, that a certain Patrick Macau-
ley, of Baltimore county, had lately died intestate, possessed
of valuable real and personal estate—that he was largely in-
debted unto different persons, and among others to the com-
plainant—that administration on his personal estate had been
duly granted unto Joseph J. Speed and Henry Webster, and
that his said personal estate was wholly insufficient for the pay-
ment of his debts. The bill then prayed, that part of his real
estate, lying in said county, consisting of a country seat, called
"Mondawmin," might be sold in aid of his personalty.
The answers which were filed on the 18th and 20th of the
same month, all admitted the facts stated in the bill, and con-
sented to the passage of a decree for a sale, and on the 22d,
by agreement of all parties, the Chancellor signed a decree for
a sale as prayed, and appointed said Speed and Webster trus-
tees for that purpose.
On the 24th of the same month, a petition was filed in the
37*

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 425   View pdf image (33K)
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