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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 216   View pdf image (33K)
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316 HIGH COURT OF CHANCERY.
on the 9th of June of the same year. Its object Was "to bring
before the Court, and in the presence of each other, the seve-
ral creditors who claimed to be entitled to participate in the
fund, to enable each to ascertain what objections would be
made to his own claim, and ho whe should meet and resist, if
he thought fit, the claims of his rivals; and not for the purpose
of finally adjudicating upon and distributing the proceeds of
the sale.
The Auditor, in this report, directs the attention of the Court
to the probable existence of a claim for a sum of $1,600,
founded on a proceeding in Howard District Court to enforce
the mechanics' lien, which had resulted in a judgment against
the Company, from which the trustees had entered an appeal
(see 3 Md. Sep., 168), which was still pending, and submits
the propriety of suspending the distribution of the funds until
the objections should be removed. The claim itself was not
filed, the only knowledge which the auditor had of its existence
being derived from a petition filed on the 30th of May, 1851,
by the counsel who conducted the cause on the part of the
trustees.
The trustees filed exceptions to this first report of the Audi-
tor on the 17th of June, 1851; and on the 10th of July fol-
lowing, an order was passed sending the case back for a new
audit, with directions to allow the trustees a commission of
5 per cent. on the net proceeds of the sale, in addition to the
commission allowed them in the first report, upon the ground
that in making the second sale they were to be treated as at-
torneys recovering so much of the purchase-money by legal
proceedings.
In obedience to this order, the Auditor made and filed a
report on the 20th of October, 1851, accompanied with an
account marked B, in which the net proceeds of the sale are
distributed among the creditors, whose claims were filed and
properly established; and this report having, according to the
rule of the Court, been submitted during the sittings of the
then ensuing December Term, on the part of certain of the
creditors, and at the close of the sittings laid before the Court,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 216   View pdf image (33K)
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