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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 542   View pdf image (33K)
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$42 MULLIKIN I?. MULLIKIN.

chase money due thereon; that the sale be at his risk; and the
terms thereof be for ready money payable on the day of its ratifi-
cation. In all other particulars the trustee is directed to conform
to the decree, according to which and the subsequent orders he has
given bond for the faithful discharge of the trust reposed in him.

From this decree Jlnderson appealed, and filed a bond which
was approved on the 29th of January 1829, but the appeal was
some time after abandoned.

On the 4th of November 1828, Daniel Kent filed his petition, in
which he states, that by a deed bearing date on the 5th of May
1825, the heir Basil D. Mullikin conveyed his interest in the
estate of the intestate to the heir Baruch Mullikin; and that by a
deed bearing date on the 18th of July 1827, the heir Regnal Mul-
likin conveyed his interest in the intestate's estate to the heir
Baruch Mullikin^ who having thus, by assignment and descent
become entitled to three-tenths of the intestate's estate, by a deed
bearing date on the first day of May 1828, assigned the same to
the petitioner; and that he, this petitioner, is a bonafide purchaser
for a valuable consideration without notice. Whereupon he prayed, 0
that the shares of the intestate's estate so assigned to him might be
directed to be paid to him accordingly. These three several deeds
of assignment were each of them acknowledged and recorded
as required by law; and were besides proved to have been exe-
cuted by the grantors. It appears, that Basil D. Mullikin
applied for the benefit of the insolvent laws on the 30th of
May 1825; that Regnal Mullikin applied for the benefit of the
insolvent laws on the 18th of May 1827; and that Baruch Mul-
likin made a similar application on the 8th of May 1828; but
it is admitted that Benjamin H. Mullikin never made any such
application. Whereupon it was ordered, that the matter stand for
hearing provided a copy be served, &c. After which it was
brought before the court and the solicitors of the parties were fully
heard.

4th March, 1829.—BLAND, Chancellor.—There is no principle
of equity or justice upon which Basil D. Mullikin, Baruch Mulli-
kiny Regnal Mullikin Benjamin H. Mullikin^ or Nicholas Wood-
ward, or any one claiming under them or any or either of them, by
virtue of any assignment or transfer made since the institution of
this suit, can be allowed to receive any thing from this court
until they have paid or brought in all sums of money for which

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 542   View pdf image (33K)
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