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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 215   View pdf image (33K)
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WHITE VS. THE OKISKO COMPANY. 215
of the property mentioned in the proceedings for the benefit
of all the creditors, according to their several rights and
priorities. Upon this bill a decree for a sale passed on the
9th of July, 1849, appointing trustees to make the sale; and
by a subsequent order, dated the 29th of November, 1850, the
creditors were warned to come in and file the vouchers of their
claims within three months from the date of the order, which
by the printed certificate filed among the proceedings, appears
to have been duly published in two daily newspapers in the
city of Baltimore, as therein required.
The trustees having bonded, proceeded to advertise the pro-
perty for sale; and after two unsuccessful attempts to sell, as
shown by their report filed on the 9th of November, 1849,
they on the 30th of October of that year, sold the property to
Hugh Ely for the sum of $21,000. The purchaser afterwards,
however, objected to the ratification of this sale upon several
grounds, which it is not necessary particularly to notice.
These objections were overruled, and by an order passed on
the 7th of May, 1850, and for the reasons stated by the Court
in an opinion accompanying the order, it was adjudged that
unless the said purchaser complied with the terms by a day
therein limited, the property should be resold by the trustees
at his risk. (See 1 Md. Ch. Decisions, 392, and 2 Md. Sep.,
411, where the two previous opinions of the Chancellor in this
case are reported.)
Ely, the first purchaser, not complying as directed, the
trustees proceeded after due notice to resell; and on the 25th
of June, 1850, made sale of the property to William D. Miller
for the sum of $15,000, and this sale was duly ratified and
confirmed on the 18th of November, 1850.
The case having then gone to the Auditor, in conformity
with the practice, that officer, on the 7th of June, 1851, made
"a report distributing the net proceeds of the sale among the
creditors of the Okisko Company, but stating objections to a
number of the claims for the want of proof, &c. This report,
which may be regarded as experimental, though made after
the time limited for creditors to come in had expired, was filed

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 215   View pdf image (33K)
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