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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 526   View pdf image (33K)
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526 HIGH COURT OF CHANCERY.
These witnesses were produced before the justice, by the
purchaser, immediately after the examination of the witnesses
on the part of the exceptants, had closed, and in the presence
of the counsel on the part of the exceptants, who objected to
the examination, on the ground that said purchaser had not
given them the three days notice required by the order; and,
before the hearing, they filed exceptions to admissibility of
these depositions on the same ground. The purchaser also ex-
cepted to so much of the deposition of John Brown as speaks
of an alleged conversation between the witness and some per-
son described, the same being hearsay, and not competent tes-
timony.
On the 11th of September, 1848, the Chancellor passed the
following order upon the petition of the defendants objecting to
a ratification of the sale ;
"The within petition, objecting to the ratification of the sale
made by the trustee in this case, standing ready for hearing,
and being submitted, on the part of the trustee and purchaser,
the same, with the answer of the trustee, and the depositions
and other proceedings, were, by the Chancellor, read and con-
sidered; and, it being the opinion of the Chancellor that the
objections to the sale have not been sustained by the proof, it
is, therefore, ordered that the said petition be, and the same is
hereby dismissed, with the costs, to be taxed by the Register."
On the same day, the Chancellor also passed an order, finally
ratifying and confirming the sale, "no sufficient cause to the
contrary having been shown."
From this latter order, the defendants entered an appeal
on the 14th of September, 1848, and on the same day, filed
an appeal bond in the penalty of $5,000, with Eliza A.
McClellan, and William M. McClellan as sureties, which, on
the same day, was proved by the Chancellor. Two days there-
after, to wit, on the 18th of September, Zenos Barnum, the pur-
chaser, filed his petition, in which he avers that the said sure-
ties, in said bond, were not sufficient for the purpose, not being
worth, over and above their debts, the sum of $5,000, the pen-
alty of said bond, and prays that it may be rejected, and the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 526   View pdf image (33K)
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