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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 473   View pdf image (33K)
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BROOKS VS. DENT. 473
tuted upon it, and judgment recovered, to satisfy which, the
property of the defendant has been taken in execution, and it is
said that these facts will be admitted by the solicitor for the
complainant, and it will probably appear that the money due
upon the judgment has been paid to the sheriff.
These facts do not now appear, but if deemed important an
opportunity will be given by the order about to be passed, to
prove them or any others, which either of the parties may con-
sider material to the case.
THOS. S. ALEXANDER, for Complainants.
THOS. G. PRATT, for Defendants.
CHAUNCEY BROOKS ET AL
Y8.
HENRY H. DENT ADM'R D. B. N. SEPTEMBER TERM, 1849.
OF HENRY BRAWNER, DECEASED.
[CHANCERT PRACTICE—DECREE TO ACCOUNT.]
A FINAL order upon a petition asking the defendant to bring money into court
for the purpose of investment, cannot be passed without notice to, or hearing
of, the opposite party who has answered the petition, and objected to the
application.
A decree to account against an executor or administrator, either separately
for the suing creditor, or specially on behalf of himself, and all other credi-
tors is a. decree for the benefit of all the creditors, and in the nature, of a
judgment for all.
From the date of a decree to account upon a creditor's bill ag?inst an admin-
istrator or executor, and on a due disclosure of assets, an injunction will
be granted on the motion of either party to stay all proceedings of any of
the creditors at law.
[This was a creditor's bill, filed on the 12th of November,
1840, against the executrix and heirs and devisees of Henry
Brawner, deceased. The executrix died in July, 1847, and on
the 22d of February, 1848, a bill of reviver was filed against
Dent as administrator, d. b. n., of Brawner, who, by his answer,
admitted that he had in his hands $5444 22, applicable to the

 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 473   View pdf image (33K)
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