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THE CAPE SABLE COMPANY'S CASE. 629
formed under this agreement was to continue for ten years from the
date thereof; and the mode in which the business of the concern
was to be conducted; the capital to be furnished by the parties of
the first and second part; and the terms and proportions in which
the profits were to be divided between them, are all particularly
specified in the contract itself.
On the 22d of October, 1828, William O'Hara filed his peti-
tion, in which he stated, that during the term of his sheriffalty of
Anne Arundel county, four writs of fieri facias from Anne Arun-
del County Court against The Cape Sable Company, one at the suit
of Samuel C. Love, another at the suit of George Slye, a third at
the suit of Luke W. Barber, and a fourth at the suit of Thomas
Barber, with another writ of fieri facias from Baltimore County
Court against The Cape Sable Company, at the suit of Robert Oliver,
surviving partner of John Oliver, were delivered to him to be exe-
cuted; that he levied them accordingly, and advertised the pro-
perty of The Cape Sable Company so taken for sale; but was
restrained from proceeding further by the injunction issued in this
case; that afterwards, under the decree of this court, all the pro-
perty of The Cape Sable Company was sold; and that his pound-
age fees have not yet been paid. Whereupon he prayed that they
might be paid out of the proceeds of sale, &c.
5th November, 1828. —BLAND, Chancellor. —Ordered, that the
matter of the foregoing petition stand for hearing on the fifth day
of December next; provided that a copy of this order, together
with a copy of the said petition, be served on the respective par-
ties in this suit, or their solicitors, on or before the seventeenth day
of the present month.
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Copies having been served as required by this order, the matter
was at the time appointed for the hearing brought before the court.
15th December, 1828. —BLAND, Chancellor. —The petition of
William O'Hara standing ready for hearing, and his solicitor hav-
ing been heard, and no one appearing for any of the parties,
although notice had been given as required, the proceedings were
read and considered,
It appears that the petitioner, as sheriff of Anne Arundel county,
executed five writs of fieri facias against The Cape Sable Company.
It is not shewn when any of these writs came to his hands. From
his return it appears, that they were all laid together on certain real
and personal property as per schedule; but on what day, is not said.
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