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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 438   View pdf image (33K)
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438 WILLIAMSON v. WILS0N.

harmless the estate of the deceased from the liability to which he
had subjected it, by becoming bound as a receiver.(t)

Hence, considering the property and money which the late
receiver Jacoo Schley had admitted to be in his hands, as having
passed into the hands of his administrators, they must be viewed
as standing in all respects in his place. and as the personal repre-
sentatives of their intestate, there can be no more impropriety in
proceeding against them in this court by an order nisi, followed by
an attachment on their failing to shew good cause, than in sub-
jecting them to an action at common law for the recovery of a
debt due by their intestate, in respect of the assets which may
have come to their hands. I shall therefore allow them to be pro-
ceeded against in the like summary manner as would have been
permitted against their intestate himself were he now alive.

Whereupon it is ordered, that John Scott be and he*is hereby
appointed a receiver in the place of the late Jacoo Schley y with full
power and authority to act in all respects as Sthley could or might
have acted; that before John Scott proceeds to act as a receiver by
virtue of this order, he shall give bond to the State of Maryland in
the penalty of thirty thousand dollars with a surety or sureties, to
be approved by the Chancellor, for the faithful performance of the
trust reposed in him by this order, or which may be reposed in him
by any future order in the premises; and that John Scott shall be
allowed no commission for his trouble in receiving and distributing
any property or money which may come to his hands under this
order as receiver.

And it is further ordered, that Anna B. Schley, John J. Mayer,
and Henry Schroeder jun'r, administrators of the late Jaco6 Schley,
make report and render unto this court a full and fair account of all
the property or money which may have come to the hands of their
intestate, the late Jaco6 Schley, and of all bis proceedings while he
acted as receiver in this case; and also, that they render a full and
fair account of all property and money which had so come to the
bands of their intestate, and which may be now in their hands;
and of their proceedings in relation thereto. And the said admin-
istrators are hereby directed and required to yield up, deliver over,
and pay unto John Scolt, so soon as he shall have been qualified to
act as receiver as before mentioned, all the goods, wares, merchan-
dise and moneys, books, papers, and effects of the firm of Wilson*

(I) Shelf. Lun. 151.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 438   View pdf image (33K)
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