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158
charge given}

to the amount of $2000.00 and entitled to have
the residue of the trust fund created by that deed
divided valubly between the balance of the debt
due to them, and the balance of the debt due
to Campbell after the appropriation to the
latter debt of the trust fund created by the
other deed - and alhough therefore neither
James Semple if he were living could as trustee
nor any other person as his Successor in that
capacity, could recover of the defendants under
the circumstances of this case - or could at least
recover more than the proportion of the proceeds
of the cost on which ought to be applied toward
payment of the balance aforesaid of the debt
due to Campbell - yet the planitiff as executor
of Semple and representing his estate which
might be made responsible for the proceeds of the
Cotton was entitled to recover at law the entire
proceeds of the cotton and debts must resort to chancery
to ascertain & settle their rights under the deed
interest. To the charge as this made and the
several refusals to change as requested the
defendants by their counsel excepted and
prayed the court to sign and seal this their
bill of exceptions, which is done accordingly.
Jno. D Phelan {Seal}