374 HAMMOND v. HAMMOND.

to carry interest from the time of the affirmance until paid, (e) In
England interest is allowed upon the whole amount of the debt,

'This bill being filled for a sale of Alexander Frazier's part of two tracts or par-
cels of land and his brother, the defendant, by the will of their father
Alexander which said will Alexander Frazier, now deceased, had the
right of election | being doubtful whether any election was made by Alexan-
der Frazier, the son, in his life-time; and it being also doubtful whether this court
can determine the fact of election, for the prevention of future controversy, it is
agreed that the Chancellor, with the consent of the parties, shall decree a sale of the
whole of the lands on a credit of three years, interest to be annually paid, and the
bonds taken for the proceeds of the land to be equally divided between the creditors
of Alexander Frazier and the defendant, each one-half, to be subject to the opinion
and decree of the Chancellor as to the other points respecting preference among the
creditors arising in the cause. That two trustees be appointed by the Chancellor to
make sale of the land together, or in parcels, as may appear most advantageous; that
the expense of one trustee be borne by the creditors, and of the other by the defen-
dant; that one trustee be appointed on the recommendation of the creditors, and the
other on the recommendation of the defendant. The sale to be on the premises.'
Upon which persons being recommended to be appointed trustees by the parties
respectively, the case was submitted.

30th November, 1795.—HANSON, Chancellor.—This case standing ready for de-
cision on the agreement filed, the same, together with all other proceedings, were
read and considered. Whereupon it is Decreed, that in conformity to the said
agreement, all the lands devised to the defendant and his deceased brother, by his
father, be sold, and that Henry Ridgely, of Annapolis, and Joseph Sprigg, of Cal-
vert county, be, and they are hereby appointed trustees for selling the said lands;
and that the course and manner of their proceedings be as follows: They shall
lodge with the register of this court a bond or bonds, executed by themselves, and a
surety or sureties approved by the Chancellor, in the penalty of £3,000, if one bond,
or £ 1,500 each, if two bonds, conditioned for the faithful performance of the trust
reposed in them, &c. They shall, at the same time, give the like notice to the credi-
tors of Alexander Frazier, deceased, to exhibit the vouchers of their claims, &c.
within six months from the time by them fixed for the sale, &c.

The trustees, on the 23d of May, 1796, reported that, after having given notice of
the time and place of sale by publication in several newspapers, in the French and
English languages, and by advertisement set up at several public places, they had,
on the 12th of April, 1796, sold the whole land to Charles Williamson as the highest
bidder, for £3 6s. per acre; and had taken his bonds, with Frisby Freeland and the
defendant John A. Frazier as his sureties; which bonds they had returned as di-
rected. This sale was afterwards absolutely confirmed.

(e) 3 Hen. 7, ch. 10; 19 Hen. 7, cb. 20; Kilty Rep. 228, 229; 1809, ch. 153, s. 4;
1811, ch. 161s. 5; Welford v, Davidson; 4 Burr. 2127; Shepherd v. Mackreth, 2
H. Blac. 284; Frith v. Leroux, 2 T. R. 58; Furlonge v. Rucker, 4 Taunt. 250; Mid-
dleton v. Gill, 4 Taunt. 298; Gwyn v. Godby, 4 Taunt. 346; Anonymous, 4 Taunt.
876; Mitchel v. Miniken, 1 Com. Law Rep. 331; ——v. Edmunds, 1 Com. Law
Rep. 411; Burn v. Carvalho, 28 Com. Law Rep. 232; De Tastet v. Rucker, 4
Exch. Rep. 156; Tidd Pra, 1131; Howard v. Warfield, 4H. & McH. 38; Contee
v. Findley, 1 H. & J. 331; Butcher v. Norwood, 1 H. & J. 485; Gwynn v. Whitaker,
1 H. & J. 754; Pottenger v. Steuart, 3 H. & J. 360.

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