clear space clear space clear space white space
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 138   View pdf image (33K)
 Jump to  
clear space clear space clear space white space


nexion with the whole answer, I deem it substantially sufficient;
because if any of the allegations of the answer are false, the
defendant will be as clearly liable to a prosecution for perjury as if
the affidavit had been couched in the most positive terms.(d)

Whereupon it is ordered, that the injunction heretofore granted
in this case, be and the same is hereby dissolved.


The Court of Chancery has the power in all cases, where it may be necessary, to
appoint and employ a person as its trustee or agent to make sale of property for
the purpose of executing a decree or order. It may appoint a woman or any com-
petent person on the recommendation of the parties interested; or if they are
silent, the plaintiff's solicitor is usually appointed. But the court will not appoint
any one of its own officers, or any other officer to be trustee, the discharge of
whose official duties may be incompatible with a proper attention to his duties as
trustee; nor will the court employ, as its trustee, an infant, feme covert, or non
resident. For negligence or improper conduct a trustee may be removed. In
general, the trustee is to be regulated by the directions of the order or decree; but
in making a sale, he may deviate from the mode prescribed by the decree, after
the property has been put into the market, by advertising it for sale as directed.
Commissions, or poundage fees to trustees, are allowed by law and regulated by
rule of court. The commission is given as a compensation for the performance
of all the duties specified in the decree, and the subsequent orders in relation to
the sale, and its proceeds. The trustee may employ an auctioneer. The allow-
ance of commissions to a trustee may be refused, diminished, or enlarged, accord-
ing to the nature and circumstances of the case.

This matter arose on a bill filed, on the 7th of November, 1821,
by the Farmers Bank of Maryland, against John J. Gibson and
others, the representatives and trustees of the late John Gibson, for
the sale of a real estate, which he had mortgaged to the bank to
secure the payment of $5325 20, with interest; upon which a
decree was passed, on the 12th of February, 1822, appointing
Addison Ridout to make the sale; who reported, that he had made
a sale of it, for one-third cash, and the residue in three annual
payments, which sale was, on the 3d of November, 1825, finally
ratified, allowing the trustee for commission and all, expenses,
$309 50. The auditor thereupon stated an account, distributing
the proceeds of sale, in which the amount allowed to the trustee
was appropriated to him, which account as reported by the auditor
was ratified on the fifth day of the same month. Some time after

(d) t Chitt. Crim. Law, 392; Beams' PI. Eq. 27; Drew v. Drew, 2 Ves. & B. 159


clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 138   View pdf image (33K)
 Jump to  

This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact

©Copyright  October 06, 2023
Maryland State Archives