|
|
|
|
|
|
|
490 POST v. MACKALL.
Bank of the United States, amongst other creditors, filed their
claims in this court, one of which is secured by a mortgage of the
real estate of the deceased, which had been sold by the trustees,
which mortgage was executed by the deceased; and to which there
is a release of all the right of dower of Christiana Mackall, the
now widow of the deceased; that they, the plaintiffs, with all the
other creditors of the deceased, are entitled to the benefit of the
mortgage, so as to have the same, and especially the dower right,
applied to the discharge of the mortgage debt in exoneration of the
other estates of the deceased; and to have and use the name of
the Bank for that purpose; that before the passing of the decree
of the 4th of May, 1830, in this case, by a proceeding in Prince
Georges County Court, a part of that real estate of the deceased,
mentioned in the proceedings, had been assigned to this defendant,
Christiana, as her dower, upon which she had entered, and was
then in possession, receiving the rents and profits to her own use;
and that as the decree of the 4th of May had only been obtained
against the heirs at law of the deceased, it would not bind the
right of this defendant. Whereupon they prayed, that the land
which had been assigned to the widow for her dower might be
sold, &c.
The auditor, on the 2d of March, 1831, reported, that he had
made a statement of the claims of creditors numbered from one to
thirty-three, together with two statements marked A. and B. of the
account of Louis Mackall, the administrator de bonis non of the
deceased. The auditor, in this report among other things, says,
the claim of The Bank of the United Slates, marked No. 4, is se-
cured by a deed of trust to Richard Smith, dated 10th October,
1821, of the real estate of the deceased, and the negroes therein
mentioned; this claim is proved in the usual manner, and will be
allowed as a lien of that date. The claim of the same Bank, No.
5, is stated in the affidavit to be secured by a conveyance of certain
negroes to Richard Smith, dated the 12th of January, 1831, of
which there is no proof. The only evidences of the claims of the
same Bank, marked No, 6 and 7, are short copies of judgments
against the administrator of the deceased, which are not proved in
the usual manner. The claim of the same Sank, No. 8, is an ac-
count which makes the deceased debtor to it as assignee of the
Bank of Columbia for the amount of sundry notes due at his death.
For which notes, it is alleged, on the death of Benjamin Mackall,
Benjamin B. Mackall, his son, gave his note, dated 25th Septem-
|
|
|
|
|
|
|
|
 |
