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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 536   View pdf image (33K)
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536 ETCHISON v. DORSEY.

Dorseyi Achsah Dorsey, Hanson Dorsey, Henry Dorsey, and Septi
mus Dorsey, all of whom were infants. The bill states, that Bich-
«rd Dorsey sold to the plaintiff Etchison a tract of land containing
ninety acres, delivered to him the possession, and received a part
of the purchase money, leaving a balance of three hundred dollars
still due; after which Richard Dorsey the vendor died intestate,
leaving the plaintiffs Caroline, Mortimer, Richard, Eliza, John,
Caleb, and Louisa, with the infant defendants, his children and heirs
at law; that the plaintiff Mortimer had been appointed adminis-
trator of the personal estate of his father the late Richard. Where-
upon the plaintiffs prayed, that the defendants might be required
to join in a conveyance of the land sold on the purchase money
being paid, &c. The infant defendants answered by guardian and
submitted to such decree as might be deemed equitable, &c.

15h October, 1827.—BLAND, Chancellor.—Decreed, that on
payment by the complainant Ephraim Etchison of the sum of three
hundred dollars with the interest due thereon to Mortimer Dorsey
administrator of Richard Dorsey deceased, or on bringing the same
into this court to be paid to him, being the balance of the purchase
money due as stated in the bill; that the other plaintiffs Odle
Wheeler, &c., for themselves, and that Ann .Dorsey, as guardian on
behalf of the infant defendants, shall by a good deed to be exe-
cuted according to law, convey to the plaintiff Ephraim Etchison,
&c. Provided nevertheless, that liberty be and the same is hereby
reserved to the infant defendants to shew cause according to the
act of 1773, ch. 7.

After which the plaintiff Mortimer Dorsey by his petition alleged,
that the plaintiff Etchison had refused to pay the balance of the
purchase money as required by this decree; although the other
parties then were and had always been ready to execute the con-
veyance as directed. Whereupon he prayed, that Etchison might
be ordered to pay, &c.

19th February, 1829.—BLAND, Chancellor.—The aforegoing
petition of Mortimer Dorsey having been submitted, the same,
with the other proceedings, were read and considered.

On a bill for specific performance, where it appeared by the case
admitted or established, that each party was bound to pay money
or to perform some act for the benefit of the other, the court, by
the ancient practice, could only decree in favour of the plaintiff,
leaving the defendant to obtain that to which he was entitled by a

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 536   View pdf image (33K)
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