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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 227   View pdf image (33K)
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STEWART VS. BEARD. 287
Being, therefore, satisfied that the purchaser or bis agent
knew of this incumbrance, and that the property was sold sub-
ject to it, I am of opinion that the complainant's exception to
the credit which the Auditor has given the purchaser for it is
well taken, and the cause must therefore go back to the Audi-
tor to correct the accounts accordingly.
GRAFTON L. DULANY, for Complainant.
CHARLES F. MAYER, for the purchaser, McClellan.
[An appeal was taken by McClellan, which is still pending.
GEORGE H. STEWART,
vs. MARCH TERM, 1852.
HARRIET BEARD ET AL.
[CHANCERY PRACTICE.]
THOUGH it may be competent to vacate upon petition the enrolment of a
decree alleged to have been obtained by surprise, yet the general law on
the Court is the other way, that a decree after enrolment cannot be
reheard upon petition; the remedy is by bill of review.
An order ratifying the Auditor's account, distributing the proceeds of sale
under a creditor's bill, cannot be vacated by petition after enrolment, on
the ground that the petitioning creditor was not aware that there would
be a surplus, after paying the preferred claim of the complainant.
[The bill in this case was a creditor's bill, for the sale of the
real estate of John Beard, who died intestate. The decree
was passed, the land sold, and the Auditor's account distributing
the proceeds ratified, when John D. Meekins, a judgment cre-
ditor of said Beard, filed his petition for the vacating of the
order of ratification, under circumstances stated in the follow-
ing opinion of the Chancellor.]
THE CHANCELLOR:
The object of the petition filed in this case, by John D.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 227   View pdf image (33K)
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