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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 391   View pdf image (33K)
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HURT VS. STULL. 391
THOMAS. D. HURT AND OTHERS
vs.
JOHN STULL.
SEPTEMBER TERM, 1851.
[EFFECT OF INSOLVENT APPLICATION UPON PROCEEDINGS FOR A SALE IN THIS
COURT——SALES BY TRUSTEES.]
A BILL was filed in this case by a vendor for the sale of a certain parcel of
land to pay the vendor's lien, and a decree was passed accordingly, which
upon appeal was affirmed by the court of appeals; after the decree, but be-
fore the sale had actually taken place the defendant, the vendee, applied for
the benefit of the insolvent laws, and his trustee in insolvency was duly ap-
pointed, who applied to the court to slay execution of the decree upon the
ground that by the proceedings in insolvency the right to make the sale is ex-
clusively vested in the trustee of the insolvent. HELD—That the proceedings
in insolvency did not put a stop to the proceedings of this court, and its
trustee was still bound to execute the decree by a sale of the property.
In the execution of decrees for the sale of property, though this court employs
a trustee, that officer is its agent, the court itself being the vendor acting
through the instrumentality of its agent.
[The facts of this case are stated by the Chancellor in his
opinion."]
THE CHANCELLOR :
This case is submitted upon the order of the 14th of August
last, passed upon the petition of Albert T. Emory, trustee in
insolvency of the defendant, Stull, and the proceedings and the
written arguments of the solicitors of the parties have been
read and considered.
It is an application by the petitioner to stay the execution of
a decree of this court, passed for the sale of a parcel of real
estate to pay the vendor's lien, after the affirmance of that de-
cree by the Court of Appeals, and after the trustee, in conform-
ity therewith, had advertised the property for sale. The ground
taken in the petition is, that by the proceedings in insolvency
the right to make sale of the property is exclusively in the
trustee of the insolvent, and for this position, the case of
Alexander et al vs. Ghiselin et al, 5 Grill, 178, 179, is relied
upon.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 391   View pdf image (33K)
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