Page:Federal Reporter, 1st Series, Volume 7.djvu/25

 OHKW. V. HTIUK. 13 �Beeured by the trust deed, and; to require the trustee to execute the trusts -andmake the ainount thus to be found due. The frame and scope of the bill were such that the court could appropriately have appointed a new trustee, or directed a sale by one of its bwn officers, a master in chan- cery or commissioner, in the usual form of chancery sales. The court was not necessarily bound to execute the trusts through the trustee named in the deed, if for any reason it should be held more agreeable to equity, and conducive to the rights of all the parties, that they should be executed otherwise. It is notswhat the court did do^ nor the decree ^hieh was actually entered; but what the court migM have done under thi8biE,whioh determines the question as to who -were the proper parties, thereto... v ■ , �The decree which wlasieniered required .the, feu Jtee itfo make the sale in a pantieulaar. ^ifay^ evena directingrthe new^papi^in wMcb' he should ^iiblish Msnbtiee and th» nnmber of dsf^s T^hieh suchi nofiice > shoaldfibe published^ and; finallyi Telquiies him to' repolit the'sWe to'the eourtiiand to payent of the pro- •cee!ds'-of' the'Sale -the anwjunt. due ■Mrs^.i Williams, .%ith «ster- est 6Itu6- per cent. aftoEitHe date of the decree, • and pay/ the balance! of the-^roceeds into odurt, to be drawa out bj5;Bieh- •ard'Ei Washington as i executer, t Here,;it.willibe'86enj a»re several duties imposed ' on the 'trustee; MrJ Lemoyae, wbich did not arise hnder the first deed:.*Fir«*, He was'itojadver- tise in a partioularnewspaper,;wben'the trust deed des^nated no special hewspaper for "tAie pnrpose^: Seeond. ' Sa was:to pay Mrs. Williams, the complaina»t,'not the principal sum due on her bond and interest at 10-per cent,, as the deed required, but* the amount found due by the deeree and 6 per cent, from the entry of the decree, thus compounding the in- terest for such time as should intervene between the decree and sale. Third. He was to bring the surplus proceeds of the sale into court, instead of paying it over himself directly to Johnson, the grantor in the trust deed, or his assigns. He yr&B to pay it into court, to be drawn out by Eiohard B; Wash- ington, executer, etc., thus judicially determining who was •entitled to this surplus. Fourth. The decree directed the ��� �