630 ANDREWS v. SCOTTON.

defendant Foulke; that the plaintiff Andrews had been informed,
and believed, that the personal estate of the late Stephen Scotton
would be insufficient to satisfy all his debts, so that Andrews was
compelled to apply for a sale of the land in order to satisfy his
claim. Upon which it was prayed, that the land, or such part
thereof as might be necessary, might be sold to satisfy the claim of
Andrews; and that such other and further relief might be granted
to him as might be consistent with equity.

On the 23d of March, 1822, the widow Jinn Scotton put in her
answer, in which she admits the facts and circumstances in rela-
tion to the sale as stated in the bill; and that the personal estate of
the intestate was not sufficient to discharge this debt and others
exhibited against it. On the same day the administrator Foulke
filed his answer, in which he also admits the sale as set forth in
the bill, and says the personal estate of his intestate, so far as the
same has come to his knowledge or possession, will not be suffi-
cient to discharge all the claims which have been exhibited against
it. On the 1st of April following, the infant defendants answered
by their guardian ad litem, and admitted the facts alleged in the
bill.

5th April, 1822.—JOHNSON, Chancellor.—The said cause stand-
ing ready for hearing, and being submitted, the bill, exhibits, an-
swers, and all other proceedings, were by the Chancellor read and
considered. And the claim of the complainant, as stated in the
bill, being established to the Chancellor's satisfaction, and it ap-
pearing, that the deceased Stephen Scotton did not leave personal
estate sufficient for the payment of his just debts,

It is thereupon Decreed, that the real estate of the said Stephen
Scotton in the bill of complaint mentioned, or so much thereof as
shall be necessary, be sold for the payment of the costs of this
suit, of the claim of the complainants, and of such other debts of
the deceased as shall be established to the Chancellor's satisfac-
tion. And it is further Decreed, that Ashur Foulke be, and he is
hereby appointed trustee for making sale as aforesaid, &c. He
shall then proceed to sell the said tract of land in the proceedings
mentioned, either entire, or in parcels as he shall think fit, upon the
following terms, to wit: one-third part of the purchase money to
be paid at the time of sale, or on the ratification thereof by the
Chancellor; one other third part of the purchase money to be paid
in twelve months from the day of sale, and the remaining third
part to be paid in two years from the day of sale; for the payment