|
|
|
|
|
|
|
COOMBS v. JORDAN.
purpose of ascertaining the interests of Jinn Jordan and Richard
Jordan in the balance heretofore reported to be due from Jeremiah
Booth) deceased, to the estate of Richard Jordan, deceased. The
moneys paid to the trustee and to Edmund Key, as guardian to
Richard and Ann Jordan, are excluded from this statement. It is
impossible to ascertain the proportions in which these persons were
respectively benefited. The sums so paid were legally applicable
to their use in equal moieties, and it is presumed were so applied.
Under the order of the 21st of March, 1827, the trustee Merrick
reported, that he had, on the 15th of October, 1827, sold the said
tract of land called Brambly, containing 397| acres, with a small lot
of land contiguous thereto on which was an old tobacco warehouse,
to Joseph Stone for the sum of $6,958 75, which sale, after the
usual order nisi, was absolutely confirmed on the 17th of March,
1829.
On the 19th of March, 1828, Joseph Stone and Alexander Mc-
Williams by their petition, in behalf of themselves and the other
creditors of Jeremiah Booth, deceased, stated, that they had ob-
tained a judgment in St. Mary's County Court, which was affirmed
by the Court of Appeals at June term, 1825, against a certain
James Walker and the said Jeremiah Booth, since deceased, intes-
tate, leaving the said Mary Llewellin, widow of the said John
Llewellin, now deceased, his only child and heir, for the sum of
$6,433 39 debt, $13,000 damages, $5 6| costs on the original
judgment, f 5 53J costs on the fiat on the scire facias and costs,
to be released on payment of $6,433 39, with interest from the 13th
of July, 1822, until paid, and the above costs; subject to certain
credits thereon given, as appears by a copy of the said judgment
therewith exhibited. That James Walker, the surviving defendant,
was insolvent; and that the said Jeremiah Booth had died insolvent,
and without leaving personal estate sufficient for the payment of
his debts. And that there was yet a very large sum of money due
to these petitioners after allowing all credits. And they had an
equitable lien upon the equitable interest of the said Jeremiah Booth,
deceased, in the real estate re-sold as aforesaid; and upon the
balance of the purchase money arising therefrom, for the payment
of their claim. Whereupon they prayed, that the balance of the
said purchase money might be applied to the satisfaction of their
claim, and for general relief.
32d March, 1828,—BLAND, Chancellor.—Ordered, that a copy
of this order, together with a copy of the said petition, be served
|
|
|
|
|
|
|
|
 |
