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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 649   View pdf image (33K)
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INDEX.—1 BLAND. 649

DEBTOR AND CEEDITOE.

1. On a bill against A. and B. joint and several obligors, it was held, that
the trustee, appointed by the decree to make sale of their real estate
for the payment of the debt, should be directed to sell so much of
the land held by A. in the first instance as would raise one-half of
the debt, and to sell so much of the land held by B. in the first in-
stance as would raise the other half of the debt, so far as, in that
way, it might be found practicable; hut with power to raise the
amount by a sale of the whole at a succeeding period, if it can be
done; or in the first instance, if it should appear to be absolutely
necessary to do so Hoye v. Penn, 23.

2. And where a sale had been made, as thus directed, of so much of the
land of each as not only to pay the half of the debt, due from each;
but to leave a surplus of the proceeds of sale to be returned to each;
and afterwards the purchaser of the land of A. become wholly in-
solvent, and the land which had been so taken from A., ou a resale,
did not produce even a sufficiency to pay the one-half of the debt
for the satisfaction of -which it had been first sold: it was held, that
to the amount of the surplus, A. was to be considered as a creditor
entitled to come in pro rata, with the plaintiff, in the distribution
of the proceeds raised by the second sale; but that neither the plain-
tiff, nor A., could have the deficiency of their respective claims made
up to either of them out of the surplus arising from the sale of B's
estate: the whole of which should be paid to him. Ib.

3. A voluntary conveyance to children, the grantor being indebted at
the time is fraudulent against creditors, without any other evidence
of a fraudulent intention. Ib.

4. The defendants, as heirs or devisees of the deceased debtor, to pay
whose debts the lands have been sold, may have their respective in-
terests adjusted, so as to have the surplus of the proceeds of sale dis-
tributed among them as such. Ib,

5. The share or dividend awarded to a party may be paid to his solicitor,
or to his attorney in fact, on a power of attorney properly authenti-
cated. Ib.

6. On a bill by a creditor, on its being shewn, that certain conveyances,
by the debtor defendant to the other defendant, were executed for
the purpose of defrauding the creditors of the debtor defendant,
and without bona fide consideration; they were by decree declared
to be void, as against the complainant, and the property ordered to
be sold. Strike's Case, 50.

7. It was held, that, by such a decree, the plaintiff's claim must be taken
to have been established; that the property directed to be sold was
to be dealt with in that suit as if those annulled deeds had never
existed; that the proceeds of sale must be brought into Court", and
that a reservation of "all equities as to the distribution of the pro-
ceeds of sale, are reserved by the Court for hearing, on the trustee's
report, on bringing into Court the money or securities arising on the
sale," cannot be so construed as to abnegate any matter which had
been thus decided. Ib.

8. But, it was held to he proper matter of further direction, under such
a decree, in the first place, that the legal interest on the plaintiff's
deht was to be computed and allowed; secondly, that an account

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 649   View pdf image (33K)
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