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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 543   View pdf image (33K)
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MADDOX VS. DENT. 543
Smith must be ruled good, and the only question is, whether,
according to the rules and practice of the land office, Naylor
may not have his certificate corrected by excluding lots num-
bered 1134 and 1920, which by the intervention of Smith's lots
are separated from the other lots comprehended in the certificate
of the former.
This question appears to me, to be conclusively settled by the
case of Issachar & Schoffield vs. Beall, reported in the -Land-
holders' Assistant, 420, 421. Indeed if that case and this are
distinguishable at all, it is in circumstances which make this
case stronger in favor of the right to have the correction made,
and, therefore, I shall pass an order accordingly.
It is, thereupon, adjudged and ordered, that the caveat of
George Smith be, and the same is hereby ruled good, and that
the certificate of "Naylorsville" be corrected by excluding lots
numbered 1132, 1923,1134 and 1920. And that the surveyor
of Alleghany county make the said correction and return the
corrected certificate along with the original to this office.
THOS. PERRY, for the Caveators.
GEO. A. PEARRE, for the Caveatee.
JAMES MADDOX AND OTHERS
vs.
HENRY H. DENT EXC'R OF MARCH TERM, 1848.
JAMES BRAWNER AND.OTHERS.
[DUTIES AND RESPONSIBILITIES OF TRUSTEES—PRACTICE IN CHANCERY.]
A TRUSTEE or his administrator may be called upon by petition to bring the
trust fund into court, and to account therefor; and the administrator may
also be required in such proceeding, to account for the personal estate of
the trustee.
A trustee was appointed to sell the real estate of a deceased party, for the
payment of his debts in 1830, and made and reported the sale which was
affirmed, nisi, in 1831, and in 1842 he was called upon by the heirs at law of
the deceased to account for the purchase money. HELD—That after this

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 543   View pdf image (33K)
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