36 KIPP v. HANNA.
accordingly, as trustees for the benefit of his creditors. I shall,
therefore, direct that this property be sold for the benefit of all the
creditors, represented by these plaintiffs; and further, that an
account be taken of its rents and profits, to the end, that those who
have received them may be ordered to pay over the amount to
these plaintiffs, to be applied in like manner, for the benefit of the
creditors they represent.
DECREED, that the bill of complaint, as against the defendant
Frederick G. L. Burking, be, and the same is hereby taken pro
confesso; that the said conveyance in the proceedings mentioned,
bearing date on the 22d of July, 1817, be, and the same is hereby
declared and deemed to be fraudulent, and absolutely null and void
against the creditors of the defendant Alexander B. Hanna, for
whose use these plaintiffs sue—and that the property in the pro-
ceedings mentioned be sold; that John Scott, be, and he is hereby
appointed trustee to make the sale, Sac. &c.
And it is further Decreed, that the plaintiffs are entitled to have
and receive, for the use and benefit of the creditors represented by
them, the full amount of the rents and profits of the property in
the proceedings mentioned, from such of the defendants as shall
be found to have held, used and occupied the same, from the 26th
day of December, 1818, when the said Alexander B. Hanna ap-
plied for the benefit of the insolvent laws, up to the time when the
said property shall have been delivered up to the plaintiffs, or shall
be sold by the said John Scott, who has been hereby appointed
trustee to make sale thereof; therefore to enable the court correctly
to ascertain and specify the whole amount of the rents and profits
to which these plaintiffs are so entitled as trustees; it is Ordered,
that this case be, and the same is hereby referred to the auditor,
with directions to state an account accordingly, from the pleadings
and proofs now in the case, and from such other proof as may be
laid before him. And the parties are hereby authorized to take
testimony in relation to the said account of the rents and profits,
before any justice of the peace, on giving three days notice as
usual, provided, that the said testimony be returned and filed in
the chancery office, within twenty days after the day on which the
trustee, John Scott, shall have made and filed his report of the sale
of Hit said property.
And it is further-Decreed, that the said report of the auditor filed
on the 13th of March, 1827, so far as the same is in any manner at
variance with this decree, be, and the same is hereby set aside and
rejected; and the residue thereof is hereby affirmed.
|
![clear space](../../../images/clear.gif) |