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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 211   View pdf image (33K)
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4*

CAMPBELL'S CASE.211

Hood, and had received a payment, in part, from Warfield, to whom
he had delivered possession; but that Warfield had refused to pay
any more, and Hood had refused to pay any thing, although they
were both of them able and willing to comply with the terms of their
bargain, until they could obtain a good title by a joint conveyance
from the trustees, the plaintiff Edward and the defendant; that some
of the creditors of the testator had sued and obtained judgments
against his executors, and others were pressing for payment; and
that the testator's personal estate was wholly insufficient to pay his
debts. Whereupon the plaintiffs prayed that the sales made by the
trustee Edward, might be affirmed, and that the defendant might
be ordered to join in making sales, without delay, to satisfy the
claims against the estate, so as to relieve so much of it as had been
devised to their use from that incumbrance.

The defendant put in his answer, in which he admitted that he
had been appointed a trustee as stated, and that the plaintiff Ed-
ward, had contracted for the sale of the lands in Baltimore county
as set forth; but that the defendant had heard, that he had not ap-
plied so much of the purchase money as he had received from War-
field to the satisfaction of his testator's debts; and that the pro-
posed sale to Hood, was for less than what the defendant conceived
to be a fair price, and was also of such a part of the land as would
make the residue very unsaleable; and, therefore, this defendant
had withheld his assent to the proposed sales.

7th October, 1825.—BLAND, Chancellor.—This case standing
ready for hearing, and having been submitted, the proceedings were
read and considered.

Whereupon it is Decreed, that for the payment of the debts, and
the execution of the trusts as specified in the last will and testament
of the said late William Campbell, the said John McHenry and Ed-
ward Campbell, the trustees named and appointed by the said testa-
tor, forthwith proceed to make sale of the property and estate of the
testator, according to the directions of his last will and testament,
in such manner, and upon such terms as they may deem most
advantageous to all parties concerned therein. And if the sale of
all the lands of the testator lying in Baltimore county should not
produce a sufficient amount, together with the debts due to him, to
satisfy all the debts due by the testator, that then the trustees, for
that purpose, forthwith proceed to make sale of the square in
Fredericktown, the Tontine shares, and the ten Potomac shares, as
specified in the testament of the deceased, or so much thereof as

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 211   View pdf image (33K)
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