|
|
|
|
|
|
|
COOMBS v . JORDAN.
Jordan and Richard Jordan; that is, No. 1, 0f $1,000, paid by
Booth to Key on the 15th of March 1813; No. 2, of $115, paid by
Booth to Key on the 15th of August, 1814; No. 6, of $11, paid
by Booth to Key on the 14th of January, 1817, &c. There ap-
pears due from Jeremiah Booth, deceased, a balance of $£,018 93,
with interest thereon from the 19th of February, 1825, And
that he had stated this account at the instance of the solicitor 0f
Llewellin and wife from the exhibits filed with their answer, subject
to any exceptions that the petitioners might file to any of the credits.
After which an agreement was filed in the following words, to
wit: 'It is agreed in this case, that the account and report filed by
the auditor, on the 19th of June, 1826, be ratified and confirmed
as reported; and that the land mentioned in the proceedings be
sold under the decree of this court for the payment of the balance
due by the estate of Jeremiah Booth to the estate of Richard Jordan,
to wit, the sum of $2,018 93, with interest from the 19th day of
February, 1825, and costs; upon the following terms, to wit, one-
fourth cash, the residue in three equal annual instalments, with
interest from the day of sale; Provided, nevertheless, that no sale
shall be made of the said premises before the first day of Septem-
ber, eighteen hundred and twenty-seven. It is further agreed, that
there shall be no appeal on either side. And it is further agreed,
that if a sale should be made under this agreement, if it should be
made appear to the satisfaction of the Chancellor, that there are
other moneys due to the heirs of Richard Jordan from the estate of
the said Jeremiah Booth, that then, and in that case, the proceeds
of the said sale shall be applied to the payment thereof, as well as
to the before mentioned sum of $2,018 93, with interest and costs;
provided there are no other claims against the estate of the said
Jeremiah Booth entitled to a preference, or participation in the fund.'
21st March, 1827.—BLAND, Chancellor.—Ordered, that in pur-
suance of the foregoing agreement, the account heretofore made
and reported by the auditor be ratified and confirmed; and that
unless the respondents pay to the petitioners the sum of $2,018 93,
with interest thereon from the 19th day of February, 1825, and
costs; that William D. Merrick, the trustee heretofore appointed
for that purpose, proceed to make sale of the said premises pursu-
ant to the said agreement.
|
|
|
|
|
|
|
|
|
|
On the 13th of August, l827, the auditor spotted m statement
which he says was prepared at the instance of the solicitor for the
37 v.3
|
|
|
|
|
|
|
|
 |
