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Saturday, 16 December 2017 MBT rnace Company



against Mr. Francis Daniell, the administrator of the two deceased children of Mrs. Barker, stating, that, Christian Louboutin Sale  n the death of Mr. Barker, and before proof of his will, Mr. Birch and Mr. Lawson took on themselves the execution of the will, and in their character of executors possessed themselves of assets more than enough to pay iiis debts and funeral expenses; that Birch and Lawson also took possession of the leasehold property, plant, engines, &c, and collected in debts of the testator, and that Birch carried on the business of the testator on the premises up to 2(ith May, 1838, when he sold the same, and out of the produce and out of the assets paid the debts, and received a large balance, which ne kept, and by the neglect of Lawson had been permitted to retain; that there had been collusion between them and Mr. and Mrs. Hilliard, (in the words read in the judgment); that Birch pretended that he, on Jan. 14, 1832, became absolute purchaser of the interest of the testator and his other partners in the leasehold premises, &c, and that the same were assigned to him by indenture  Tory Burch Outlet f that date, and that the testator afterwards had the use of the same under an agreement with him, Birch, at a rental; and that after the testator's death, and on 29th September, 1832, it appeared that his estate was insolvent, and was indebted to the Tipton

 

 

MBT  rnace Company in a sum of 5057?. 19». Bd., and that it was arranged between them by Birch and Lawson, as executors, that the company should take the stock in trade, tools, and effects, at a valuation, in reduction of the debt, which was confirmed at a meeting at which Frances Daniell, acting on behalf of Mrs. Barker and her children, was present, and the same property was taken by the company at 2265/. IBs. Bd.; and that Birch having agreed in January, 1833, to become a partner with Mr. C. E. Darby, on 31st of that month Darby agreed with the Tipton Company to buy the said stock, Ike, for 2075/., and to Tory Burch ay the same by bills of exchange, but that Darby not having produced his share of the capital, the partnership was abandoned, and Birch paying all, became the sole purchaser, and carried on the business on his own account. The bill charged these pretences to be false, and averred certain reasons for the same. It was prayed that it might be declared that Birch was a trustee for Barker of the leasehold property and premises assigned by the deed of 14th day of January, 1832, and, if necessary, that it might be declared that the pretended sale of the stock in trade, &c, to the Tipton Company, and the pretended

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