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SIMMONS v. TONGUE. 345
allotted to the widow, claiming to be her agent or tenant; and
was then cultivating it in a very injurious and destructive manner;
that a certain Gassaway Simmons, with the connivance of the
trustee, had taken possession of about nineteen acres of the land
which he had professed to sell to this petitioner. Whereupon he
prayed that the sale to him might not be confirmed.
15th June, 1827.—BLAND, Chancellor.—Ordered, that the mat-
ter of this petition be heard on the 13th day of July next; that the
parties be authorized to take testimony in relation to the matter
thereof, before any justice of the peace on giving three days notice
as usual; and that the final ratification of the sale be postponed
until that day: Provided, that a copy of this order together with
a copy of the petition be served on the trustee and the widow on
or before the 27th instant.
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The widow Jinn Tongue and the trustee Garner, on the 27th of
July, 1827, put in their separate answers on oath to the petition of
Welch, in which they denied specially and particularly the material
matters of fact set forth by Welch. And the depositions of several
witnesses were taken and returned under this order.
Robert Welch of Ben, by his petition, filed on the 15th of
January, 1828, stated, that he had understood, that the trustee
Garner had lately sold the tract of land of which he, Welsh, had
been, as stated in his former petition, the purchaser, to John Col-
linson; that the trustee had thereby indicated an intention to aban-
don his defence as set forth in his answer of the 27th of July last.
Whereupon the petitioner prayed, that the trustee might be ordered
to report, &c.
17th January, 1828.—BLAND, Chancellor.—Ordered, that the
trustee Garner forthwith make a full report of his proceedings as
prayed; and that the matter of the said petition be heard on the
15th of February next; Provided, that a copy of this order to-
gether with a copy of the said petition be served on the said Gar-
ner and on Jinn Tongue, on or before the 1st of February next
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The trustee Garner, on the 26th of April, 1828, reported on
oath, that since the sale made to Robert Welch of Ben, and the
report thereof, he, the trustee, at the solicitation of John Collinson,
sad with the consent of Welch, had agreed to substitute Collinson
as purchaser for Welch, with the approbation of the Chancellor.
To this report Welch filed his assent, and the matter was submitted.
44 v.3
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