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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 431   View pdf image (33K)
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WILLIAMSON v. WILSON. 431

.claims by a limited time, before any distribution can be made of
the funds now in the hands of the court. With regard to the
authentication of claims, and the conflicting rights of claimants,
the court will be governed by its established rules in similar cases,
as any such questions may arise.(/)

(1) BARNABY v. HOLLINGSWORTH.—-The bill filed 2d July, 1T87, states that John
Barnaby, (who was not a defendant,) being indebted to the plaintiff Richard Barnaby,
and sundry other persons, conveyed all his property to the defendants H. Hollings-
worth, A. Todd, J. Field, and J. Warder, in trust for the benefit of his creditors;
that the defendants took upon themselves the trust; obtained possession of the pro-
perty conveyed, and have refused to distribute the money received, or to sell a part
of the real estate, or to account. Prayer to account, for payment, and general
relief, &c. The defendants answered, &c. It appears that, by an agreement of
October, 1789, signed by the solicitors of the parties, the case had been referred to
arbitrators; who, \\ithout the sanction of an order by the Chancellor, awarded, that
the plaintiif was not the partner of John Barnaby, and that he was indebted to the
plaintiff in the sum of £3200 14s. 3 1/4d.

28th November, 1789.—HANSON, Chancellor,—This case standing ready for decree,
and the bill, answers, exhibits, and award aforesaid being read, and appearing as
herein before set forth; it is thereupon Decreed, that the defendants Henry Hollings-
worth, Alexander Todd, John Field, and Jeremiah Warder, trustees in the deed
aforesaid mentioned in the complainant's said bill, bearing date tha eighteenth day of
January, in the year of our Lord one thousand seven hundred and eighty-seven, do
account with the complainant, and render upon oath in this court, a full and particular
statement of all the real and personal estate, debts due and owing to the said John
Barnaby, and other property assigned ana conveyed to the said defendants by the
said deed of trust, and what part thereof hath been received by them or either of
them, or hath come to their or either of their possession, and how the same and every
part thereof, hath been applied and disposed of, subject to such future order and
decree as this court shall make in the premises.

After which the defendants made out and filed an account, &c.; upon which the
following decree was passed:—

May, 1792.—HANSON, Chancellor.—An interlocutory decree having been passed In
this cause, for the defendants to account with the complainant, and to render on oath
ft full and particular statement of all the real and personal estate, debts, and other
property of John Barnaby to them by the said Barnaby assigned, for the benefit of
his creditors; and the said Henry Hollingsworth having in consequence thereof
returned an account and statement on oath, by which it appears, that he hath in his
hands, of the property so assigned by the said John Barnaby, the sum of six hundred
and eighty-eight pounds, ten shillings and seven pence, current money, and also
other property, not disposed of, and converted into money; and the complainant by
a petition, this day filed, having prayed an order of this court to compel the said
Hollingsworth to bring into court to be divided amongst the creditors of the said
John Barnaby, the money in the hands of him the said Hollingsworth as aforesaid,
and also the money by him received as trustee since rendering the said account:

It is thereupon Ordered, that the said Henry Hollingsworth do immediately bring
into this court the said sum of six hundred and eighty-eight pounds ten shillings and
seven pence, current money; and that he also render an account of, and bring
into this court, all the money by him received as trustee aforesaid, to be distributed

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 431   View pdf image (33K)
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