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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 440   View pdf image (33K)
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440 WILLIAMSON v. WILSON.

istrators to be cancelled; and that they with the sureties in the said
bond, be finally discharged: Provided that a copy of the said
report and of this order be served on the present receiver, on or
before the twelfth day of this month. Unless good cause to the
contrary be shewn during and before the close of the next July
term by the said receiver, or by the parties to this case, or by some
one interested therein.

Afterwards on the 19th April, 1828, copies having been served
as required, and no cause shewn, the bond of the late receiver was
ordered to be delivered up, and his administrators were discharged.
This case still remained open, and the whole of the funds of the
firm not having been finally disposed of, four other creditors filed
the vouchers of their claims in the chancery office after the day
limited by the orders of the 21st July and the 17th of November,
1826, and prayed to be allowed to come in for a due proportion.
The auditor reported a statement of their claims as usual, at the
request of the claimants; and also made several other reports at
the instance of creditors who had supplied the want of proof or
removed the objections to their claims, since the first general
report; and several of those intermediate statements had been
confirmed, and the claims ordered to be paid accordingly; after
which the case was submitted to obtain an order for bringing it to
a final conclusion.

24th May, 1828.—BLAND, Chancellor.—According to the course
of this court, in creditors' suits, or where the case, by any pro-
ceeding, interposed after its institution, has been necessarily cast
into the form of a creditors' suit, it is indispensably necessary,
before any distribution can be made, or satisfaction awarded to any
of the creditors, that they should be called on by a publication in
some newspaper, or other public notice, to file the vouchers of
their claims in the chancery office, on or before a specified day,
most commonly four months after the day of the first publication ;
but a shorter period may be limited where the funds are small, or
the transactions appear to be but little dispersed. After the time
allowed to the creditors for bringing in their claims has expired;
the auditor, at the instance of any one concerned, may make and
report an account distributing the whole of the funds in full satis-
faction, or in due proportion among the creditors; giving a prefer-
ence to those who may appear to be entitled to it. In this first
general report, all the claims having any plausible or probable

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 440   View pdf image (33K)
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