I

DEAKINS' CASE. 401

It is thereupon Decreed, that so much of the real estate in the
proceedings mentioned, whereof William Deakins died seized,
lying and being in the state of Maryland, as may be necessary, be
sold for the payment of the debt in the proceedings mentioned.
That B. S. Pigman be, and he is hereby appointed trustee to make
the said sale, &e. which shall be on a credit of twelve months, with
interest from the day of sale; the purchaser to give bond with
approved surety, &c.

On the 18th of January, 1818, John Hoye, as administrator de
bonis non, with the will annexed of the late William Deakins, filed
his bill in this court against Edward Thomas, in which bill Hoye
states that the defendant Thomas had recovered judgment against
him as administrator for a large amount; in satisfaction of which
judgment, the defendant Thomas had agreed to take lands in Vir-
ginia; but that he had since refused to comply with the agreement
on his part, by selecting and accepting the lands as stipulated;
which agreement this plaintiff was then, and had always been ready
to perform on his part. Whereupon, the bill prayed for a specific
performance of the agreement, and for general relief.

B. S. Pigman having declined to act as trustee under the decree,
the matter was brought before the court.

1th April, 1818.—KILTY, Chancellor.—Ordered, that John A. T.
Kilgour be, and he is hereby appointed trustee in the room of the
said Pigman, to give bond in the same penalty, and to have the
same powers as if appointed by the original decree.

On the 26th of April, 1819, John Threlkeld, and Elizabeth his
wife, filed their bill against the trustee John A. T. Kilgour, The
bill alleges that Jane Deakins, the devisee of the late William Dea-
kins, was dead, leaving this plaintiff Elizabeth her sole devisee and
heir at law; that the trustee Kilgour bad advertised for sale some
of the lands which had been devised to the late Jane, and which
were then held by these plaintiffs, to satisfy the debt alleged to be
due to the petitioner Edward Thomas; that these plaintiffs were
unable to say any thing about his claim; but they presumed if
the petitioner had filed his bill of complaint against the
devisees of the late William Deakins the plea of limitations would
have been a bar to an application for a sale of the real estate for
payment of debts. Whereupon the bill prayed for a subpoena,
and also for an injunction to prohibit the trustee Kilgour from pro-