Simmons v. Jones

OLOPTON, I.

The case was submitted ou pleadings and proof, in term time, for decree in vacation. On March 17, 1887, the chancellor referred to the register to ascertain the amount due the complainants on the note mentioned in the bill, and at the same time decreed that, unless the defendants paid the amount ascertained to be due by April 25, 1887, the lands be sold for the ■ payment of the same. From this decree the appeal is taken. It is objected that the chancellor had no authority to decree a sale until he had ascertained the amount due the complainants, and that by so doing he delegated to…