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346 SUMMONS v. TONGUE.
2d July, 1828.—BLAND, Chancellor.—Ordered, that the sales
made and reported by the trustee Robert Garner be absolutely
ratified, no cause having been shewn, although notice had been
given as required. That John Collinson be considered as the pur-
chaser, and with his consent as standing in the place of the said
Robert Welch of Ben; as appears by the report of the said trustee,
and by the assent of the said Welch.
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William Simmons, Richard Simmons, James Owens, John Sell-
man, The Farmers Bank of Maryland, and William Fowle and
Henry Dangerfield, trading under the firm of William Fowle & Co.
creditors of the late Thomas Tongue, by their petition, filed on the
2d of July, 1828, stated, that the greater part of the purchase
money on the sale made by the trustee Garner had then become
due; but had not been brought into court or accounted for.
Whereupon they prayed, that the trustee might be ordered to
report, to bring into court the money or bonds, &c.
2d July, 1828.—BLAND, Chancellor.—Ordered, that the trustee
Robert Garner forthwith make a particular report of his proceed-
ings on oath; and also bring into this court the money collected
and the bonds taken by him, as prayed : Provided, that a copy of
this order together with a copy of the said petition be served on
the said trustee on or before the first day of August next.
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The trustee having failed to comply with this order, on appli-
cation of the petitioners, an attachment was ordered against him
on the 4th of September, 1828; and, on the 11th following, he
made a report on oath, in which he stated, that having but recently
been informed of the final ratification of the sales, he could not
sooner inform the court of the non-compliance of the purchasers;
and further, that he had received a part of the purchase money, an
account of which he exhibited, &c.
William Fowle and Henry Dangerfield, trading under the firm of
William Fowle & Co., The Farmers Bank of Maryland, William
Summons , Richard Simmons, James Owens and John Sellman, cre-
ditors of the late Thomas Tongue, with the trustee Gamer, by
their petition stated, that a part of the real estate had been sold to
William H. Hall, junior, who, to secure the payment of the par-
chase money, bad on the day of sale given bond, with William
H. Hall and Thomas I. Hall, as his sureties; and had a part
of the purchase money, leaving a balance then due. That another
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