MACKUBIN v. BROWN.

Brown was appointed the trustee to make the sale upon the terms,
that the purchaser should pay one-fifth of the purchase money on
the day of sale, and give bond with approved surety for paying
the residue in four equal annual instalments with interest from the
day of sale. In virtue of this decree the whole was sold at'four
different times. The last of which sales was made on the 25th of
August 1809; and all of them were finally ratified. It does not
appear, from any thing to be found among the proceedings, that
any part of the purchase money, or any bond of any one of the
purchasers, except that of Lewis Duvall, was ever brought into
court by this trustee Brown; who died some short time previous
to the 15th of June 1815. It appears, that the trust reposed in
Basil Brown having been left by him unfinished at the time of his
death, Thomas H. Bowie was, on the 15th of June 1815, appointed
to complete the trust; who also having died before it was finally
closed, Israel Davidson was, on the 5th of October 1825, appointed
as his successor for that purpose.

After the death of Basil Brown, Richard Mackubin, on behalf
of himself and the other creditors of Brown, on the 12th of June,
1816, filed this bill here, in which he alleges, that Brown had died
intestate without leaving a sufficiency of personal estate to pay his
debts; and thereupon prayed, that his real estate might be sold for
that purpose. The heirs of Brown, some of whom were infants,
were alone made parties; and, on the coming in of their answers,
admitting the insufficiency of the personalty, a decree was passed,
on the 28th of June, 1816, appointing Matthias Hammond, who
was one of the administrators of Basil Brown, to make sale of his
real estate for the payment of his debts; and upon the death of
Matthias, Rezin Hammond was appointed trustee to complete the
trust, and a part of the real estate of Basil was accordingly sold.
Public notice was given as usual to the creditors of the late Basil
Brown, to bring in their claims, and the time limited for them to
do so had long elapsed.

On the 5th of July, 1826, Eli Marriott and Cornelius Shipley
and Sarah his wife, filed their petition in this case, in which, after
setting out those circumstances, they state, that Eli and Sarah are
the children of Mary Marriott, the sister of the late William Ham-
mond, and, as such, legatees under his will; that the shares to
which they were entitled, were adjusted and awarded to them in
that case; that Basil Brown, who as trustee made sale of the late
William Hammond's estate, received the purchase money, but had