Page:Federal Reporter, 1st Series, Volume 7.djvu/23

 OHEW ». ariMAN. il �fendant Robert W. Hyman for the sum bt' $9,700, and tHe trustee made and delivered to the defendant Hyman a ^eed of all the right, title, and interest, bbth at law and in egliity, which said trustee had acquired in the said premises bysaid trust deed, and thereupon duly reported his proceedihgs uti- der said decree to the court, and paid intb court the sum of $4,300, being the balance left af ter' paying the amount due Mrs. Williams and the cost of said proceedings. �It further appears that after the consummation of said sale the money sopaid into court was withdrawn by Hughes, as agent and attomey of Eichard B. Washington, and all, ex- cept enough to inake, With the amount paid Mrs. Williams and thecosts, $6,000, was refunded to the defendant Hyman by Hughes, and thereupon defendant Hyman made two notes of $4,500 eacfa, payable to Eichard B. Washington, executer, with interest al; 6 per cent., — one on the twenty- sixth of April, 1865, and the other on the twenty-sixth of October, 1865, — and secnred payment of the same by a tnist deed on said premises. �In May, 1865, Hughes and Richard B. Washington met in Baltimore, Maryland, and Hughes rendered an aocount of the proceeds of said land, and turned over to the executer the last note of Hyman for $4,500, and the same was aabfie- quently f ully paid to the executor. Neiie of the present complainants— ^shildren of John A. Washington — were made parties to this suit by Mrs. WillianiS, and the testimony shows that none of these ohildren were aware of this suit, or that the land in question had been sold uuder the decree of this court, un til a short tinie before the suit was brought. There is good ground, I think, for concluding from the evi- dence in the record that this Williams suit, and the proceed- ings under the decree of the court made thejfein, was a mere expedient resorted to by Hughes to vest the title to the land in the defendant Hyman. It appears that flutes, in Feb- ruary, 1864, wrote to Richard B. Washington, executor, that he had sold this land for $16,000, and forwarded him a deed to execute in pursuance of such sale. But the executor did not execute and return the deed, arid this circuinStance, iaken in ��� �