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and that the said Alfred Harrison as Sheriff aforesaid exposed the said lands o public sale and purchased them himself, either personally or by one of his deputies for some trifling sum of money which amount is unknown to you Orators and not pretends to hold and claim the same as his own property, Your Orators charge that although the said William R Meyer was always a resident citizen of Lowndes County the said Alfred Harrison did not give to the said William R Meyer notice either in person or in writing of his levy upon the said land as by law he was required to do, not did he enter in his levy or return on said execution the fact of such notice being given in person in writing or otherwise. Your Orators now charge that the said Alfred Harrison being Sheriff as aforesaid cannot lefally purchase property at his own sale as Sheriff neither by himself or by his Deputy nor by any other person for his benefit, that if he can legally do so the sale and purchase of the above described lands can pass nothing to the said Alfred Harrison because the notice as above stated was not given of the levy to the said William R Meyer, Your Orators also charge that the above sale is void upon the ground of inadequacy of the amount paid by the said Alfred Harrison for the said land. Your Orators therefore fearing that the personal property remaining of the said William R Meyer may prove insufficient in the end to pay and satisfy all the debts due by the said William R Meyer that the sale and purchase of the said land may be decreed to be null and void and set aside and that the said Alfred Harrison may be decreed to account for the rents and profits of the said land and that the amounts of such rents and profits be paid over to the Commissioner of this Honorable Court for distribution among the creditors of the said William R Meyer. Your Orators therefore pray your Honor that the said Alfred Harrison Sheriff of Lowndes County as aforesaid may be made a party to this bill, that he may be required full, true and perfect answer make to all and singular the matters and things above charged against him that he do particularly answer and setforth under that Execution or Executions
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the levy and the sale of the above described lands were made, the price for which the same sold or purchased and his esstimate from his belief and opinion of the real value of the said lands, and that he particularly state and setforth who it was bid of the said lands at the sale aforesaid, and whether or not the persons or person who bid off the said land was one of the Deputies of the said Alfred Harrison at the time he so bid of the said Land, and whether or not there was any understanding. Compact or agreement between the said Alfred Harrison and the person so bidding off the said Land wither directly or indirectly through the agents friends or advisers or any other person or persons whatsoever that the said Alfred Harrison should have any share or interest either directly remotely otherwise on the sale and purchase of the said lands, - that he state fully and particularly all the circumstances terms and conditions and understandings either before at the time or subsequent to the sale under or by which he the said Alfred Harrison become concerned or interested in the sale of the said lands - that he also state and setforth fully and distinctly whether the person or persons by whom the said lands so bid off paid to him the said Alfred Harrison the purchase money in whole or in part. and whether or not he executed titles to the person so bidding of the said lands and where (that is to say, on what particular day) the said titles even executed, also that he may particularly state and setforth whether or not he knew or heard previous to the said sale of the said land that he the said William R Meyer had conveyed the same to the said Richard B Harrison also did he particularly answer and setforth whether or not the said William R Meyer was not at the time of the levy and sale of the said lands a resident citizen of Lowndes County and whether he gave any and what notice of each levy to the said William R Meyer and at what time the same was so given - and Your Orators now further charge that the levy and sale of the above discribed lands took place sometime after the execution of the said trust Deed by the said William R Meyer and after the said Richard B Harrison had accepted the trust as above charged against him- Your Orators charge that the said Richard B Harrison will know of the intrinsic value of these lands
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that he knew also of the judgement and executing against the said Meyer that he therefore had notice both of the binding efficacy of these judgements and of the active energy of these Executing that previous to the Sale of the said lands he the said Richard B Harrison had in his possession power and custody and the personal property of the said William R Meyer under and by virtue of the trust Deed aforesaid, that under the authority to sell any part of the property so conveyed the said Richard A Harrison could have made and of a sufficiency of personal property for cash without any great or serious loss and have satisfied and discharged the lieu of the judgement and execution on the said land and thus have prevented the great loss and sacrifice sustained in the sale of the said lands, provided the said sale should not be set aside this your Orators charge was the plain duty of the said Richard B Harrison as trustee for the said William R Meyer and his creditors of whom your Orators are a part, but your Orators charge that in this particular the said Richard B Harrison was derelict in his duty, that with a full knowledge of all the particular facts as charged against him he negligently and fraudulently permitted the said lands to be sold at and for a price greatly under its value and which loss and damage your Orators responsible for and prays Your Honor for a Decree against the said Richard B Harrison requiring him to account and pay out of his own individual estate the difference between the intrinsic value of the land and the price or sum for which the same was so sold by the Sheriff of Lowndes County aforesaid and that it may be refered to the master or Commissioner to ascertain and report such difference. Your Orators further insists and charge that not withstanding the state of the said William R Meyer conveyed to the said Richard B Harrison as aforesaid was amply sufficient rightfully and legally managed to have satisfied and paid all the debts of the said William R Meyer and which your Orators charge was the duty of the said Richard B Harrison as trustee aforesaid to have done and performed, yet he the said Richard B
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Harrison desregarding his duty in the premises aforesaid has not only not paid any portion of the debts or demands due to your Orators but so far from aiding or assisting them in obtaining any part of their demands, he has combined and confederated with the said Wm R Meyer and has aided and assisted the said William R Meyer or by the means afforded him the said Richard B Harrison through the execution of the trust Deed as aforesaid in delaying and hindering your Orators from the recovery and collection of their said debts or any part thereof, - and by his unjust fraudulent oppression and interest like conduct has forced your Orators into a Court of Chancery for the recovery of their just demands heretofore so requests withheld from them, whereupon your Orators insist that the said Richard B Harrison by his unjust and inequatous conduct has subjected himself and became responsible to pay to your Orators their respective demands immediately and directly out of his own individual estate. Your Orators therefore pray Your Honor for a Decree requiring the said Richard B Harrison forthwith to pay Your Orators their respective demands and that it be refered to the master and Commissioner to ascertain and report the respective amounts due by the said William R Meyer to Your Orators. All which actings and doings of the said William R Meyer Richard B Harrison and Alfred Harrison as above charged and setforth against them is contrary to Equity and good conscience and tends to the manifest wrong and injury of Your Orators. On tender consideration whereof and for as much as your Orators are without relief in the premises except by the said of this Honorable Court where such things are alone cogersable[?] and unbeliveable. Your Orators having no redress by the strict rule of common Law to the end therefore that justice may be done in the premises. Your Orators pray Your Honor to grant to them the usual writ of Subpoena and Respondendemn requiring them personably to be and appear at the next Court of Chancery to be holden at Cohawba in and for the third chancery District on the third Monday after the third Monday in June One thousand eight hundred and forty one, and then and there upon their corporal Oaths full true and perfect answer
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make to all and singular the matters and things herein before contained, set forth and charged against them the same as if they will again herein set forth and they particularly thereunto interrogated and that Your Honor would require the said William R Meyer and Richard B Harrison to setforth all the monies of the creditors of the said William R Meyer and the amounts respectively due them and that said creditors when their monies are ascertained and made known to your Honor may be made parties to this bill either by Subpoena or by proclamation and that they may be required by some day to be fixed by your Honor to Exhibit before the Master and Commission of this Honorable Court their respective demands and that they may be required to establish the same by legal and competant testimony that the master having as certained the same may make report thereof to Your Honor and such creditors as fail to make such appearance and exhibition of their demand as aforesaid be posponed in their respective demands as aforesaid, and that Your Honor would further Order he claims of Your Orators to be refered to the Commissioner and Register to ascertain and report the respective amounts due to them and further more would decree that the sale and purchase of the land by the said Alfred Harrison be Decreed to be null and void and that the same Deed be set aside and that the said land be decreed by Your Honor to be sold and that the proceeds thereof after deducting the equitable demands of the said Alfred Harrison that the ballance may be applied to the payment of the demands of the creditors of the said William R Meyer or in the event that the said sale of the said land should not be set aside that Your Honor would decree that the said Richard B Harrison should pay the difference between the intrinsic value of the land and the amount for which it was sold by the Sheriff of Lowndes County or that Your Honor would decree that the said Richard B Harrison should forthwith pay to your Orators the amounts of their respective demands or that your Honor would order and decree the execution of the trust as created by the said William R Meyer to the said Richard