100 STRIKE'S CASE.

trustees' sale, which makes Strike indebted in the sum of $6550 33,
with further interest on $4967 63, from the day of sale; which he
ought not to have done.

7th. Because Strike is charged with the ground-rent upon the
lot on Pratt-street, running to Whiskey-alley; which he ought not
to have been.

8th. Because, in the said account and report, an allowance is
made to H. W. Rogers and Henry M. Murray, esqr's. for fees;
and also an allowance for expenses incurred by creditors at the
private meetings, to consult about their private affairs.

9th. Because the said statement of account and report is erro-
neous in point of fact and law, and contrary to equity and right.

15th May, 1826.—BLAND, Chancellor.—This case having been
submitted upon the auditor's report, and the exceptions of Nicholas
Strike thereto, without argument, the proceedings were read and
considered.

Whereupon, it is ordered, that the said exceptions to the said
report, made and filed by the auditor on the 4th instant, are hereby
overruled; that the said report and statements of the auditor be,
and they are hereby ratified and confirmed, and that the trustees
apply the proceeds accordingly, with the interest that has been or
may be received. And it is further ordered, that Strike, one of the
said defendants, forthwith pay unto the complainants the sum of
$5907 01, together with interest thereon from the fourteenth day
of September, in the year 1822, until paid. And it is further
ordered, that the defendant, Strike, pay unto the complainants, all
costs which have not been stated and included in the said report
of the auditor, to be taxed by the register.

The defendant, Strike, appealed from the decree of the 28th of
May, 1822; from the order of the 10th of April, 1826; and from
the order of the 15th of May, 1826; and the Court of Appeals at
June term 1828, affirmed them all. Strike v. McDonald & Son,
2 H. & G. 258.