|
|
|
|
|
|
|
|
|
|
|
|
342 SIMMONS v. TONGUE.
be insolvent.—The original bond, bill, or note, should be produced; or, if lost,
an authenticated copy, or other proof.—No claim can be admitted which did not
exist, as such, against the deceased.—Claims withdrawn, to be re-stated, consi-
dered in the nature of an amended bill.—Where creditors come in so late as to
require the distribution to be re-cast, they must defray the expense of such re-
statement.
THIS was a creditor's bill filed on the 15th of July, 1826, by
William Simmons, Richard Simmons, James Owens, and John Sell - man, against Benjamin Tongue, Elizabeth Tongue, Sarah Tongue,
Thomas I. Hall, John N. Watkins, and William Ennis. The bill
states, that the late Thomas Tongue, at the time of his death, was
indebted to the plaintiff William Simmons by notes and open ac-
count to the amount of $448 17; to the plaintiff Richard Sim-
mons by note in the sum of f 500; to the plaintiff James Owens
in the sum of $304 15 on an open account; and to the plaintiff
John Sellman on open account and a note in the sum of $356 59.
That the plaintiffs Owens and Sellman had endorsed for the late
Thomas Tongue several notes to the amount of $5,000 and up-
wards, which had been negotiated at The Farmers Bank of
Maryland, and for which they were then liable; that the plaintiff
Sellman had become surety for the late Thomas Tongue, in a tes-
tamentary bond given by him as executor of his father, from whose
estate there was still due by the late Thomas Tongue to his sister,
the sum of $4,000, for which this plaintiff was liable; that in the
month of January, 1826, Thomas Tongue died intestate, leaving
the defendants Benjamin Tongue, Elizabeth Tongue, Sarah Tongue
and Thomas Tongue, his infant children and heirs at law; that ad-
ministration had been granted to the defendant Thomas I. Hall;
that the personal estate of the intestate would not be sufficient to
pay his debts; that he had died seised of several parcels of land;
and, in his life-time, had purchased a tract of land, sold under a
decree of this court to satisfy a mortgage which had been assigned
to him and the defendant Thomas I. Hall; that the sale of this
parcel of land was made by the defendant John N. Watkins, as
trustee in a suit in which this defendant William Ennis was the
defendant, and had been finally ratified; and therefore this land
was liable in this case to the extent of the late Thomas Tongue's
interest is assignee of a part of the mortgage debt, after satis-
fying all the costs and prior claims in that suit. Whereupon the
bill prayed that the real estate might be sold, &c.
On the 6th of September, 1826, the defendant Hall put in his
answer, in which he admitted, that the plaintiffs were creditors of
|
|
|
|
|
|
|
|
|
|
|
|
 |
