Page:Federal Reporter, 1st Series, Volume 7.djvu/22

 10 PEBBEAIi BEKOBTEB. �unwilling to execute the trust without an order of court, and pr9-yed that an accounting might be had of the amount due on the bond; and that Lemoyne, as trustee, be direoted by the court to sell said premises in pursuance of the powers contained in the trust deed, and, out pf the proceeds of the premises, to pay the complainaiit Mrs. Williams the amount found due her, and to bring the residue into court for the benefit of the parties entitled thereto. The only defendants to said bill were Eichard B. Washington, the executer, and Mr. Lemoyne, the trustee. On the same day that the bill was filed, Mr. Lemoyne, the trustee, entered his appearance and filed his answer; and on the same day the appearance of Eichard B. Washington was entered in said cause by Hughes as his attorney in fact, service of processwaived, and his answer filed admitting the substantial allegations of the bill; i.nd a decree was, entered on the same day finding that there -was due Mrs. Williams the sum of $4,500 principal and $262 for interest on the bond secured by the trust deed, declaring the same a lien on said premises, and directing said premises to be sold to pay said indebtedness, and that Lemoyne should proceed to execute the power vested in him as such trustee, and make sale of said premises without ben- efit of redemption. �The decree also found that it was necessary to sell the whole of said premises, the interest being an undivided one ; that he should sell the same at public vendue, after first giving 30 days' notice in the Chicago Post, a jiewswaper then pub- lished in the city of Chicago, and make and deliver to the purchaser or purchasers a good and sufficient deed or deeds of conveyanoe in fee simple, and that h^ should pay to Mrs. Williams the sum of $4,762, with interest at 6 per cent, from the date of the decree, and pay the balance of the pro- ceeds into court, to be drawn out by Eichard B. Washington, as,,e.xeoutor of John A., Washington, and to make report to the court of his doings in that behalf for the approval of the court. In pursuance of this decree, Mr. rLemoyne, on the twenty-sixth dayof April, J.8C.4, offered the premises at pub- lic vendue, and the same was struck off and sold to the de- ��� �