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AUSTIN v. COCHRAN, 337
1831, stated, that the lunatic's negro man slave named Harry, had
been for some time out of his possession as a runaway; that he had
caused him to be arrested in the city of Baltimore, and brought
back and lodged in Talbot county jail for safe keeping; and that if
taken out of jail he would again run away and be wholly lost.
Whereupon he prayed, that he might be authorized to sell the said
slave for the benefit of the lunatic.
9th April, 1831.—BLAND, Chancellor.—Ordered, that the said
trustee Jesse Scott, be and he is hereby authorized and required to
make sale of the negro slave Harry, either by advertising him for
sale at public auction; or by a private sale; or on a credit, not ex-
ceeding ninety days; or for ready money, as he may deem most
advantageous for the lunatic. And if the trustee shall sell the
negro on a credit, he shall take bond with surety, to be approved
by him, from the purchaser to secure the payment of the purchase
money with interest from the day of sale. And it is further Ordered,
that the trustee be and he is hereby authorized and required, as
soon as may be, to invest the proceeds of the sale, in stock of the
Farmers' Bank of Maryland, in the name of and for the benefit
of the said lunatic. And that the trustee report to this court, on
oath, a full account of all his proceedings in relation to the said
sale and investment; and also an account of his proceedings as
trustee, as required by the orders of the 18th of June, and the 29th
of December, of the year 1829. (d)
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Some time after this the lunatic died, and no further proceedings
respecting his estate appear to have been had here.
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AUSTIN v. COCHRAN.
A creditor's suit does not abate by the death of a plaintiff or any creditor who may
have come in, if there be then a plaintiff or creditor competent to prosecute the
suit.—But a creditor's suit will abate by the death of a defendant heir or devisee,
whether there be any surplus of the proceeds of the sale to be returned to him
or not.
THIS was a creditor's bill filed on the 18th of March, 1820, in
Baltimore County Court, by Edward Austin, Edward Austin the
younger, Anthony Austin, and John Austin, partners trading under
(d) Boarman's case, 2 Bland, 90.
43 v.3
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