Volume 200, Volume 4, Page 540 View pdf image (33K) |
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540 HIGH COURT OF CHANCERY. The infant heirs at law of Hutton, answered by their guardian, ad Utem, that they knew nothing of the matters charged in the bill, and did not admit the truth thereof. The negroes not having answered, a decree, pro confesso, as to them, was passed, and a commission issued to take testimony, under which the allegations of the bill were fully proved. An order was then passed, directing the defendants to account with the plaintiffs of, and concerning the real and personal es- tate of the said Hutton, deceased, referring the cause to the Auditor to state such account, and to make a statement of the debts of the said Hutton, upon due notice to the creditors to file their claims. In obedience to this order, the Auditor, on the 6th of December, 1841, filed his report and statement of claims, by which it appeared, that the debts due by the deceased amounted to $9421 79, that no account of his personal estate i was rendered by the administrator, it appearing from the testi- mony that none came to his hands, the whole having been ab- sorbed by executions binding thereupon. The Chancellor, [Bland,) thereupon, on the 21st of Decem- ber, 1841, passed a decree, by which it was "adjudged, ordered and decreed, that the Auditor's statement, lately reported in this cause, be, and the same is hereby ratified and confirmed, and that the defendants, Jim Sharp, Jim Ennis, Nancy, George, Minta, Lloyd, Samuel, Admirilla, William and Wilson, together with the increase, if any, of the said Nancy, Minta and Admi- rilla, be sold for the purpose of satisfying the claims of the complainants as aforesaid." The decree then appoints a trustee to make the "sale of the said negroes for life," upon giving the usual notice. The terms of sale being for cash, or on a credit upon such terms as may be deemed by the trustee most advan- tageous for all concerned, the sale to be made publicly or pri- vately, as the trustee may deem most advisable. Under this decree the negroes were sold, and the sale was confirmed by the Chancellor. A. RANDALL and THOS. S. ALEXANDER, for the Complainants. N. BREWER and J. JOHNSON, for Defendants. |
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Volume 200, Volume 4, Page 540 View pdf image (33K) |
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