BROWN v. WALLACE. 587

On the 21st of December, 1811, the defendant Parker
put in his answer, in which he admits the proceedings in Harford
county court, for a partition of the intestate James' estate among
his six children, the election of William, and also the fact of his
having purchased the share of Martin .Mitchell, as stated in the
bill; and then says that his father, the intestate William, had
moreover purchased one-half of the share of Bennett, the other
half of which was purchased by this defendant, who had also
bought the share of Kent Mitchell, another of the heirs of the
intestate James; and that there was a very valuable fishery upon
the land called Cooley's Fishery, for which an action of ejectment
had been brought, and was then depending. Upon all which this
defendant submitted, that if a decree should pass for a sale, that
the fishery should be retained, or not sold until necessary, &c.

The other adult defendants, by their answer, filed on the 22d of
December, 1811, say that they have no general knowledge of the
matters set forth in the bill; but do not deny the truth of its alle-
gations, and recommend a sale. The infant defendants put in their
answer by guardian ad litem on the same day, to the same effect.

Some time after the bill had been filed, but when does not ap-
pear, Harriet Mitchell, by her petition, found among the papers,
but not marked filed, stated that she had been informed that a bill
had been filed by her two brothers, James and Aquila, as heirs of
James Mitchell, deceased, for the sale of the real estate of the said
James, as taken by William Mitchell at the appraisement, to satisfy
their proportions of the valuation; that she was also one of the
children and heirs of James Mitchell, deceased, and that she had
received no satisfaction for her proportion of the valuation. Where-
upon she prayed that the said estate might be sold, &c.

10th March, 1812.—KILTY, Chancellor.—This case standing
ready for decision, and being submitted, the proceedings were
read and considered. Whereupon it is Decreed, that such part of
the property in the proceedings mentioned, as may be sufficient to
pay the sums due from Wittiam Mitchell to the heirs of James
Mitchell be sold; that James Wallace be, and he is hereby ap-
pointed trustee for making the said sale, &c. The terms of which
sale shall be, that the purchaser shall give bond for the payment
of the purchase money, with interest, within twelve months from
the day of sale, &c. Provided, that the said trustee shall, in the
first place, sell the part of the estate clear of and excluding the
fishery called Cooley's Fishery, mentioned in the answer of Par-