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SIMMONS v. TONGUE. 347
part of the estate had been sold to Robert H. McPherson, who had
paid no part of the purchase money, the whole of which was then
due. Whereupon they prayed that those purchasers might be
ordered to pay, &c.
15th September, 1828.—BLAND, Chancellor.—Ordered, that
William H. Hall, junior, William H. Hall and Thomas I. Hall,
bring into this court the sum of $264 72, with interest thereon
from the 1st of November, 1827, until brought in. And that
Robert H. McPherson also bring into this court the sum of
$780 50, with interest from the 15th of January, 1827, until
brought in, or shew cause to the contrary on or before the 1st of
November next; Provided, that a copy of this petition and order
be served on the said William, H. Hall, junior, William H. Hall,
Thomas I. Hall and Robert H. McPherson, before the 15th of
October next. _______________
The same petitioners afterwards filed another petition, in which
they stated, that the purchaser John Collinson had, to secure the
payment of the purchase money, given his bond with James
Tongue and Gideon G. Tongue as bis sureties; and that the pur-
chase money had not been paid since it became due. Upon which
they prayed that payment might be ordered, &c.
2d October, 1828.—BLAND, Chancellor.—Ordered, that John
Collinson, James Tongue, and Gideon B. Tongue, bring into this
court the sum of $8,575 67, with interest from the 13th of May,
1827, being the balance of the purchase money now due, or shew
good cause to the contrary, on or before the first of November
next; Provided, that a copy of this petition and order be served
on the said John, James, and Gideon, before the 15th day of the
present month. ______
To this petition John, James, and Gideon answered, shewing for
cause, that the estate of the late Thomas Tongue was largely in-
debted to John Collinson, in satisfaction of which he claimed at
least a dividend of the proceeds of sale, and was willing and
ready to bring in the balance; to ascertain which they prayed,
that the auditor might be directed to state an account. And the
solicitor for the petitioners agreed, that an account should be first
stated as prayed.
8th November, 1828.—BLAND, Chancellor.—The petition of
William Simmons and others against William H. Hall, junior,
and others, haying been submitted; and it appearing that copies
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