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COOMBS v. J0RBAH £9f
on the said Mary Llewellin, on or before the19th day of May next,
to the end that she may shew cause, if any she hath, why the said
surplus should not be applied, as prayed, to the satisfaction of the
just debts of the said Jeremiah Booth, deceased. And it is further
Ordered, that the said trustee, by a publication of this order, to be
inserted in some newspaper twice a week for three successive
weeks before the 19th day of April next, give notice to the credi-
tors of Jeremiah Booth, deceased, to file the vouchers of their
claims in the Chancery office, on or before the tenth day of July
next.
On the 20th of March, 1828, Richard H. Lee and Ann his wife,
formerly Ann Jordan, and Richard Jordan, by their petition, stated,
that when the sale of the 24th of September, 1810, was made of
the real estate of their father Richard Jordan, deceased, they were
infants, and Edmund Key was then their duly constituted guar-
dian, and as such received from the said trustees, who made that
sale, and from the said Booth, the purchaser, under the order of
this court, out of the proceeds, and on account of the said sale,
the sum of $3,972 07, of which this petitioner Jinn received from
the said Key only $167 03; and this petitioner Richard only
$388 22, making together but $555 25, leaving still due to them,
from the said Key, the sum of $3,416 82, exclusive of interest;
that the said Booth was one of the sureties in the bond given by
the said Key as guardian of the petitioners; and being so liable,
until that amount was fully satisfied, said Booth could never have
obtained a legal title to said real estate; and that therefore, it was
still a lien, and must operate as such upon the proceeds of said
sale made by the trustee Merrick; or at any rate, that for such
amount the petitioners were entitled to come in equally with all
other creditors of every description upon the said proceeds. That
the said Key, for some years past had been, and still was wholly
insolvent; and had obtained the benefit of the insolvent laws
since his receipt of the said sums of money. That since the
said order for a re-sale, the petitioner Jinn married the petitioner
Richard H. Lee. Whereupon the petitioners prayed to have the
benefit of the answer of the said Edmund Key, and that a subpoena
might be directed to him; and that they might have such other
and further relief as the nature of their case might require. Upon
which a subpoena was issued accordingly.
The auditor, on the 18th of March, 1829, made a report in
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