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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 210   View pdf image (33K)
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210 CAMPBELL'S CASE.

stitution.—A marriage between then living parties, although held to be a con-
tract, may be annulled.—An act giving authority to mortgage the real estate of a
deceased person for the payment of his debts, may bind his heirs and devisees
who applied for it, but it cannot affect the rights of his creditors.

* Although bond and simple contract creditors, as such, have no lien on the real estate
of their debtor, yet no alienation of the heir or devisee to their prejudice, after a
creditor's suit has been commenced, can be sustained.—Several suits, the objects
of which are to have the same estate applied in satisfaction of the same set of cre-
ditors, may be consolidated.

THIS bill was filed on the 22d of January, 1824, by Edward
Campbell, Randolph Campbell, James Cunningham, and Catherine
his wife, against John McHenry. It states, that William Camp-
bell, the father of these plaintiffs, Edward, Randolph, and Catherine,
being seized and possessed of a large real and personal estate, on
the 8th of September, 1821, made his will, by which he gave the
whole of his property to the plaintiff, Edward, and the defendant, in
trust, as follows :

*A11 my lands in Baltimore county to be sold for the payment of
my debts; and if the proceeds thereof, together with the debts due
me should not be sufficient to discharge the same, then my square
in Fredericktown, my Tontine shares, and my ten Potomac shares
to be sold for that purpose, or so much thereof as may be necessa-
ry : and if there should still be a deficiency, then as much of my
property in the city of Washington as may be necessary to supply
that deficiency. My debts being paid, then the residue of my pro-
perty to be held for the use of my children, viz. Catherine Cun-
ningham, Charles Campbell, Randolph Campbell, and Edward
Campbell, in the manner and proportions following.' The testator
then goes on to specify the portions which each one was to have ;
and declares, that it shall be held in trust for the use of each one
during his or her life, and afterwards to be equally divided among
his or her children. And then the testator appoints the plaintiff
Edward, and the defendant, to be his executors.

The bill further states, that William Campbell soon after having
thus made his will died, leaving the four children therein named,
one of whom, Charles, was then and still continued to be non com-
pos mentis; that the executors qualified as such, and undertook to
act as trustees according to the trusts reposed in them by the will;
that the testator, at the time of his death, was largely indebted to
sundry persons, which debts yet remain unpaid; that the plaintiff
Edward, as trustee, sold one part of the lands in Baltimore county
to Warner Barfield, and another part of the same tract to James

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 210   View pdf image (33K)
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