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626 THE CAPE SABLE COMPANY'S CASE.
said defendants or their solicitors, on or before the twenty-first day
of the present month.
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Afterwards the parties to these three combined cases; that is to
say, the bill filed on the 6th of August, 1822; the bill filed on the
4th of January, 1823; and that filed on the 10th of June, 1824,
submitted them all together on the following agreement: 'It is
agreed in the above cases, that a decree shall be passed for the
sale of the property of The Cape Sable Company, mentioned in the
proceedings in said cases, by trustees to be appointed in the usual
form and terms; and that Samuel Moale and Charles F. Mayer be
the trustees for making said sale. And that the proceeds of said
sale shall be distributed by the court according to the rights of the
parties. And that the court pass an order notifying creditors to
exhibit their claims against The Cape Sable Company in Chancery
in order to such satisfaction as the court may determine them to be
entitled to out of the said proceeds. It is provided, however, that
if the said Robert Oliver shall become the purchaser of the said pro-
perty, or of any part of it, the amount of his and Charles Carroll's
alleged judgments against The Cape Sable Company may be re-
tained in his hands, without interest, until a final distribution of
the proceeds of sale aforesaid, shall be ordered by this court; the
said Robert Oliver giving bond and security, however, for the
amounts retained by him as aforesaid; and interest ceasing from
the time of said retention on the claims that said Oliver and Car-
roll respectively may have against The Cape Sable Company. It
Is further agreed, that the terms of said sale shall be, that five
thousand dollars, part of the purchase money, shall be paid in
ninety days; and the residue in equal instalments in one, two,
three, four, and five years, from the day of sale, with interest from
said day. For all which payments promissory notes shall be given
with surety, to be approved by the trustees. It is further agreed,
that the sale shall take place on or before the first of July, 1828;
and that six weeks notice of such sale shall be given. It is fur-
ther agreed, that each of the said parties shall have the right to
appeal from any order or decree of the Chancellor respecting the
distribution of the proceeds. '
5th April, 1828. —BLAND, Chancellor. —The said cases stand-
ing ready for hearing, and being submitted, it is, with the assent
of the parties in writing, filed. Decreed, that the property of The
Cape Sable Company, mentioned in the proceedings, be sold; and
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