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THE CAPE SABLE COMPANY'S CASE. 627
that Samuel Moale and Charles F. Mayer be appointed trustees to
make the sale, &e. And, in pursuance of the said agreement, it
is further Decreed, that if the said Robert Oliver shall become the
purchaser, he may retain, &c. And the trustees at the time of
advertising the said sale, shall also give notice to the creditors of
The Cape Sable Company, to exhibit their claims, with the vouch-
ers thereof, in the Chancery Office, within six months from the
day of sale.
It appears, that the plaintiff Addison Ridout had died some time
previous to the passing of this decree; but as his interest survived
to the parties before the court, the case proceeded in the name of
Joseph Jubere. But James Jubert, the other trustee, one of the
plaintiffs by whom the suit had been hitherto prosecuted by the
name of Joseph Jubere, by his petition, now stated, that he never,
until lately, heard of his having been constituted a trustee, or of the
suit having been instituted in his name; that he had never at any
time, or in any way, consented to act as trustee, or to the bring-
ing, or prosecuting of this suit. Whereupon he prayed to be
discharged, &e. The solicitors of the plaintiffs assented to the
prayer of this petition, and recommended Augustus J3. Addison to
take his place.
29th June, 1828. —BLAND, Chancellor. —On consideration of
the foregoing petition and the consent of the complainant's solici-
tor this day submitted; it is Ordered, that the said bill of com-
plaint, as to the said James Jubert, who, as is alleged, had insti-
tuted the said suit by the name of Joseph Jubere, be and the same
is hereby dismissed with costs. And it is further Ordered, that
the said. Augustus E. Addison be and he is hereby appointed trus-
tee in the place and stead of the said James Jubert, who sued by
the name of Joseph Jubere, and that the said Augustus E, Addison
be substituted for, and be considered as standing in the place of
the said Jubere, as trustee in the said bill of complaint and all the
proceedings of the said suit.
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The trustees Moale and Mayer reported, that they had, on the
30th of June, 1828, sold the whole of the real and personal estate
of The Cape Sable Company in pursuance of the decree; and that
Robert Oliver was the purchaser thereof for the sum of f 24, 000,
with a reservation of the claim of Philip G. Lechleitner of a lease
and the Take of certain fixtures to be allowed to him, and de-
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