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1 In the Supreme Court of Pennsylvania, Eastern District, Aycinena vs. Peries, June 42, No. 78 1842

handle is hein.trials/acmq0001 and id is 1 raw text is: In the Supreme Court of Pennsylvania Eastern District A ycinena, vs.. June 42, No. 78. Peries. I The Auditor appoiute4 by the Court to report to whom the balance of the money made in this case should be distributed respectfully reports : That he has attached to his report the certifigate of his ap- pointment marked Schedule A. The Audftbr caused notice to be served on Josiah Randall and Horace Binney, Jr. Esquires, as representing the Plaintiff, in this case, and Walter S. Robarts, Administrator cum testa- mento annexo of Don Vicente de Aycinena; upon William B. Reed, and Henry J. Williams, Esquires, as representing the Defe'ndant; upon Charles Chauncey, William M. Meredith and Edward. Waln, Esquires, as representing Samuel Gatliff, Joshua Sutcliff and John Ashley, severally interestdd; on David Paul Brown, Esq. as representing Joseph Sims, Wiliam Reed, William A. Budd, Assignees n Bankruptcy of James Yard; upon John WI. Read, Esq. as representing F. W. Hubbell, Esq. as representing and B. Gerhard, Esq. as representing that the Auditor would hold his first meeting, for the pur- .poses of his appointment, at the office of Josiah Randall, Esq. on'Monday, April 1st, 1844, at 4 o'clock P. M. at which time and place, the Auditor was attended by Josiah Randall Esq. andil-orace Binney, Jr., Esq. for Plaintiff, William B. Reed and H. J. Williams, Esquires, for Defendant, D. P. Brown, Esq. for the Assignees of James Yard, by William M. Meredith, and Edward Wain, Esq, for Gatliff, Sutcliff, and Ashley, severally, and by John M. Read, Esq. for Mr. Randall produced and proved the claim of the Plaintiff upon the fund in Court, under the judgment of this Court, in favour of the Plaintiff, vs. the Defendant of the 31st Decem- ber, 1842, $49,580 19 Interest to sale 1 year, 3 months, 1 day 3,718 50 $53,298 69 He also presented the claim of Mr. Robarts, as Administrator cum testamento annexo of Don Vicente de Aycinena, and re- quested the Auditor in as much as the fund in Court, is insuffi- cient to pay the claims of of the Plaintiff, and the Adminstrator of Don Vicente, after deducting any commissions to be allowed Mr .Peries, to ascertain the proportion which each claim bears to the balance of the whole fund arising from the Sheriff's Sale, and to direct that the proportional share of the latter, shall remain in.

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