|
|
|
|
|
|
|
348 SIMMONS v. TONGUE.
had been served as required; and they having failed to bring in
the several sums of money therein mentioned, or to shew cause to
the contrary, the proceedings were read and considered.
Whereupon it is Decreed, that Robert Garner, the trustee ap-
pointed by the original decree, proceed to make sale of the house
and lot in the Tillage of Tracy's Landing, heretofore sold by him
to Robert H. McPherson, for the payment of the purchase money
due thereon; and that the said sale be at the risk of the said
Robert H, McPherson, And it is further Decreed, that the said
trustee proceed to make sale of the parcel of land heretofore sold
by Mm to William H. Hall, junior, for the payment of the balance
of the purchase money due thereon; and that the said sale be at
the risk of the said William H. Hall, junior. And it is further
Decreed, that the sales made under this order be for cash, payable
on the day of sale, or on the ratification thereof. In all other
respects the said trustee is directed to conform to the original
decree, according to which he hath given bond for the faithful
performance of the trust reposed in him by that or any future
decree or order in the premises.
Jinn Tongue now moved on her petition, filed on the 18th of
October, 1826, that the commissions of the trustee Garner should
be adjusted and awarded to her as therein set forth and agreed.
13th April, 1829.—BLAND, Chancellor.—Ordered, that Ann
Tongue be allowed the sum of $319 83, out of the proceeds of
the sales of the real estate of her deceased husband Thomas
Tongue, the same being the amount of commissions allowed to
the trustee on the proceeds of the said sales, (b) And the trustee
Robert Garner is hereby allowed the sum of $105 for expenses
attending the sale and survey of the said estate.
|
|
|
|
|
|
|
|
|
|
The trustee Garner, on the 23d of April, 1829, reported, that in
pursuance of the decree of the 8th of November, he had made sale
of that part of the real estate of which Robert H. McPherson had
been the purchaser to James Tongue, for $401. And that William
H. Hall, junior, who had been the other purchaser of the other
part, had paid into court the whole amount of the purchase money
due from him. Upon which it was Ordered, that this sale be rati-
fied unless cause shewn to the contrary before the 23d day of June
then next
(b) Gibson's case, ] Bland, 141.
|
|
|
|
|
|
|
|
 |
