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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 172   View pdf image (33K)
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172 HIGH COURT OF CHANCERY.
Agnes as her sole heir at law being entitled to the remainder
in fee.
It was subsequently ascertained that the estate was capable
of partition, and a final decree of partition was made on the
1st of March, 1852, ratifying and confirming the return of the
commissioners and assigning to the complainants, Dalrymple and
his daughter, the former for life, and the latter in fee, that por-
tion of said estate which was described in said return as Lot
No. 1.
In the decree, power was reserved to the complainants to
apply to the court for a decree for the sale of this lot, and for
this purpose a commission was directed to be issued to such per-
son as they might select to take proof to establish the allega-
tions of the bill.
The necessary proof being obtained, the court, on the 16th
of March, 1852, passed a decree in the usual form, for the sale
of said parcel of land, and appointing a trustee for the purpose.
A sale was accordingly made to one Theodore Hodgkin, on
the 11th of May, 1852, for the sum of $2140, a report thereof
made, and a final order of ratification passed on the 19th of
July following.
Hodgkin, the purchaser, having utterly failed to comply with
the terms of sale, the trustee on the 2d of August, of the same
year, in pursuance of the provisions of the act of 1841, ch. 216,
filed his petition, praying that he might be compelled to comply,
or in. default thereof, that the property might be resold at his
risk and expense.
Hodgkin, upon notice, having failed to comply, or show cause
to the contrary, the court, on the 8th of September, 1852,
passed an order for the resale of the property at his risk.
Agnes E. Dalrymple, the infant, died on the 4th of October
following, intestate, and without issue, leaving her aunt, Mary
E. D. Taneyhill her only heir at law, and on the 12th of the
same month and year, the trustee, with the consent of Hodg-
kin, the first purchaser, sold the property at private sale to
Erickson H. Taneyhill, the husband of Mary E. D., the aunt
and heir at law of Agnes E. Dalyrimple, the infant.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 172   View pdf image (33K)
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