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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 528   View pdf image (33K)
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528 HIGH COURT OF CHANCERY.
the other surety may be destitute of commercial credit, it is
impossible, looking to his property, to consider him merely a
nominal party.
The great and only question in such cases as the present, is
to ascertain, whether the party who is successful in the inferior
court, has, in the sureties in the bond, a secure indemnity for
the injury he may sustain by the appeal, and whether this ap-
pears by looking to the value of the estate of each surety, or,
by an aggregation of the worth of all, does not seem to me to
be material. If the sureties in the bond taken collectively are
sufficient, the bond is sufficient, and must be approved.
It is therefore ordered, that this petition be dismissed with
costs, to be taxed by the Register, and that the appeal bond be
approved.
The order ratifying and confirming the sale, was affirmed by
the Court of Appeals, on the 21st of June, 1850, for the reasons
assigned by the Chancellor, and the cause remanded to this court.
On the 26th of June, the complainants filed their petition, pray-
ing that the cause might be reinstated and referred to the Auditor,
with directions to state an account making proper allowances
to the complainants and purchaser out of the surplus proceeds
of sale, for the injury which they have sustained by the said
appeal, and that a writ of habere facias possessionem, may be
issued to put said purchaser in possession of said premises.
An order was the same day passed referring the case, according
'to the prayer of this petition, and granting a writ of injunction
directed to the defendants to deliver possession to the pur-
chaser.
The Auditor stated an account in compliance with this order
by which he applied the net proceeds of sale, first, to the
payment in full of the complainants' claim for the purchase
money due to them, with interest to the day of sale, amounting
to $4,920. The interest was then calculated upon this whole
claim as of that day, to the date of the affirmance by the Court
of Appeals, of the order ratifying the sale, 21st of June, 1850.
This interest amounted to $630 58. This claim was stated
with reference to a credit of $600, to be allowed as of the 27th

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 528   View pdf image (33K)
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