|
|
|
|
|
|
|
344 SIMMONS v. TONGUE.
vouchers of their claims in the Chancery office within four months
from the day of sale.
Ann Tongue the widow, on the 24th of January, 1827, filed her
petition, in which she stated, that she was entitled to dower in the
real estate directed to be sold; and thereupon prayed, that her
dower might be assigned to her and that a commission might be
issued to the persons therein named for that purpose. On the
same day it was Ordered, that a commission issue as prayed.
By an order of the 6th of March, 1827, passed on the applica-
tion of sundry creditors, the terms of sale specified in the decree of
the 7th of November, were altered so as to direct that one-third of
the purchase money should be paid in six months, one other third
in twelve months, and the residue in eighteen months from the
day of sale with interest.
A commission having been issued as prayed, to assign to the
widow her dower; the commissioners, on the 18th of April, 1827,
made a return setting forth in what manner they had assigned
dower to the widow as directed. But it does not appear, that
any confirmation of the return, or that a decree for the dower so
assigned was ever passed, (a)
The trustee Garner, on the 19th of April, 1827, made a general
report of the sales he had made on the 15th of January, and on
the 31st of March previous, amounting to $9,661 16 1/2. Upon
which it was Ordered, that they be ratified, unless cause shewn to
the contrary, on or before the 19th of July following.
Robert Welsh of Ben, on the 14th of June, 1827, filed his peti-
tion on oath, in which he stated, that he had purchased of the
trustee Garner a part of the real estate of the late Thomas Tongue,
subject to the dower of his widow; but that although the dower
had before been assigned to her, he was not then informed in what
manner it had been kid out; this petitioner had since understood,
that in regard to quantity and quality she had, had assigned to her
at least one moiety of the land; that in that part laid off to her,
was included the dwelling-house of her late husband, and all those
buildings, without the use of which the tract of land could
not be advantageously used and cultivated; that since the assign-
ment of dower and sale, the trustee had entered upon the part
(a) Mildred v. Ceil, 2 Bland, 354, note; Swing v. Ennalls, 2 Bland, 356, note;
Watkins v. Worthington, 2 Bland, 512; Chambers v. Davenport, 12 Cond. Chan.
Rep. 241.
|
|
|
|
|
|
|
|
 |
