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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 670   View pdf image (33K)
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670 ANDREWS v. SCOTTON.

the creditor's other remedies for the recovery of his claim; (k) and
as it is not improbable, that a portion of the purchase money may
be obtained from his estate; and if so, it is fit and proper that he,
as the principal debtor, should be made to pay as far as satisfaction
can be obtained from him, or his estate, in relief of his sureties in
the appeal; I shall therefore Order, that the lands be re-sold;
thtt the trustee of this court, apply to the trustee of Anderson,
under the insolvent laws, and endeavour torobtain a dividend of
his estate, if there be any; and also, that the trustee of this court,
put the appeal bond in suit.

Whereupon it is Decreed, that the trustee James Boyle, proceed
immediately to make sale of the said land for the payment of the
purchase money due thereon; and the said sale shall be at the risk
of the said Samuel Anderson; and the terms of the said sale shall
be for ready money, to be paid on the day of sale, or on the day
of the ratification thereof, with legal interest from the day of sale;
in all other particulars, the trustee is directed to conform to the
decree of the 5th of April, 1822, according to which, and the
order of the first of March, 1827, he has given bond for the faith-
ful discharge of the trust reposed in him, by that or any other
decree or order, in the premises. And it is further Decreed, that
the trustee James Boyle, without delay, make application to the
trustee of the said Anderson, under the insolvent laws, and by all
lawful ways and means, endeavour to obtain a dividend of his
estate, if there be any, in proportion to the whole amount of
the principal and interest of the purchase money, and costs due
and owing from the said Anderson. And it is further Decreed,
that the trustee James Boyle, do also forthwith institute suit upon
the said appeal bond, and prosecute the same without delay, until
he shall obtain full satisfaction, if to be had, of the said obligors,
of the whole amount of principal, interest and costs, recoverable
thereon. And it is further Decreed, that the trustee James Boyle,
bring into this court, all sums of money he may receive or recover
in any of the modes herein before specified, and make report of
his proceedings accordingly, to the end, that no more may be col-
lected by the said several modes of proceeding, than one entire
satisfaction of the whole amount of principal, interest and costs,
which ought to be paid by the said Samuel Anderson.

(k) Davis v. Battine, 6 Cond. Cha. Rep. 404.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 670   View pdf image (33K)
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