|
|
|
|
|
|
|
|
|
|
|
|
338 AUSTIN v. COCHRAN.
the firm of George Austin & Co., against Deborah Cochran, Wil-
liam S. Cochran, Thomas L. Emory, and William G. McClure.
The bill states, that a partnership in trade had existed and been
carried on between the late William Cochran and the late John G.
Comegys, in the city of Baltimore, under the firm of William
Cochran & Comegys; which firm had, in the course of their deal-
ings, become largely indebted to the plaintiffs; which debt then
remained due and unpaid; that William Cochran died leaving a
considerable real and personal estate, which, by his will, he de-
vised to his wife the defendant Deborah, and to his infant son the
defendant William S. Cochran; and appointed Deborah, John G.
Comegys, and Samuel Hollingsworth, his executors; that Deborah
and Comegys had qualified as his executors, and Hollingsworth
had refused to accept the appointment; that John G. Comegys, the
surviving partner, had taken into his possession all the estate and
effects of the firm; and after some time died, having by his will
appointed the defendants Emory and McClure his executors, who
qualified accordingly as such; that the property and estate of the
firm which passed into the hands of the surviving partner Comegys,
were entirely or nearly absorbed by other claims against it; and
that the personal estate of the late William Cochran was insuffi-
cient to pay his debts. Whereupon it was prayed, that the real
estate of the late William Cochran might be sold for the satisfac-
tion of his creditors.
On the 11th of November, 1820, the defendants Emory and
McClure put in their answer, in which they admit the claim of the
plaintiffs, and the deficiency of the effects of the firm of William
Cochran & Comegys, to satisfy the claims against it. The death
of Deborah Cochran was suggested, and Thomas L. Emory was
admitted as a defendant in her stead. After which two other cre-
ditors filed their petition praying to be allowed to come in as plain-
tiffs; and, on the 8th of May, 1826, they were permitted to be
made parties as prayed. On the 9th of May, 1826, the defen-
dant Emory, as administrator de bonis non of William Cochran,
answered, and admitted the claim of the plaintiffs. And, on the
same day, the infant defendant William S. Cochran put in his
answer, by his guardian ad litem, in which he admits the claim of
the plaintiffs, and assents to the sale of the real estate of his ances-
tor and devisor.
The parties filed an agreement on the 10th of May, 1826, in
which they say, 'It is agreed, that a decree shall pass in this cause
|
|
|
|
|
|
|
|
|
|
|
|
 |
