Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-11
RULES OF PRACTICE
CHANGE MADE RELATING TO
SALES OF REAL ESTATE.
Amendment Adopted by Supreme
Court Of the District Affecting
Manner Of Procedure.

A change. regarded as important has been
made In the rules Of practice of the Su-
preme Court Of the District Of Columbia.
relating to the sale Of real estate by trus-
tees under decree of the court. The change
has been considered by the court and dis
cussed by members Of the bar for several
weeks past and is said to be q needed i'm
provement In the practice In this regard
If in no other way than by establishing a
uniformity in DEGREES Of the kind.
The order OF the court. which Is an
amendment to rule 81. and is designated
section 5. follows:
I'm all sales Of real estate under the
decree Of the court the directions to trus-
tee to manner of proceeding. approval
and filing of bond. publication, payment OF
purchase money. accounting to the court.
conveyance to purchaser. return of pur-
chase money into court questions Of trus-
tees commissions. and authority to trus-
tee to pay taxes on property, shall be
omitted from such decree and In no case
set out in extenso, but shall be made a
part thereof only by reference to this rule,
except that In cases where the provisions
OF this rule, or any of them, may be in
applicable, such other terms as the exigency
of the case requires shall be added.
Proceedings Under Decree.
THE course and manner of trustees pro-
ceedings under decree of the court for the
sale of real estate shall be as follows: He
shall first file with the clerk a bond to the
United States of America, executed by him,
with surety or sureties to be approved
by the court. one of the justices there
Of In penalty to be named in the decree.
conditioned for the faithful performance of
the trust repOsed in him by the decree. or
which may be reposed In him by any future
order or decree in the premises: he shall
then proceed to sell said real estate, having
first given at least ten days previous notice
by publication. to be inserted in a daily
newspaper to be named in the decree, pub
lished in the District of Columbia of the
time, place, manner and terms of sale.
which terms shall be follows: One-third
of the purchase money to be paid in cash
and the balance in two equal installments.
payable in one and two years from day of
sale. and to be represented by the promiS-
sorry notes of the purchaser. bearing inter-
est at the rate of per cent per annum.
payable semi annually, and secured by deed
of trust on the property sold, or all cash. at
the option of the purchaser; and as soon
may be convenient after any such sale
the said trustee shall return to the court
full and particular account Of the same,
with affidavit of the truth thereof and
of the fairness of such sale annexed; and
on ratification thereof by the court the-said
trustee. by good and sufficient deed to be
executed and acknowledged agreeably to
law, shall convey to the purchaser or pur-
chasers of said property, and to his her or
their respective heirs and assigns, the prop
erty to him, her or them sold. free, clear
and discharged of all claim of the parties
to the cause. and of any person or persons
claiming by from or under them, or any
of them: and the said trustee Shall bring
into court the money arising on such sale
or sales and the notes, if any, which may
be taken for the deferred payments, to be
disposed of under the direction of the court.
after deducting therefrom the costs OF suit
and such commissions to trustee as the
court may think proper to allow. Said
trustee being authorized to pay all taxes
and assessments against said property, II
any, to day of sale, and to be allowed
credit therefor ia his account.
THE clerk shall provide and keep In his
Office for distribution among attorneys
blank form of decree under this rule, &c.
Then follows blank form of decree in
accordance with and made part or the
foregoing rule. which will be Immediately
printed and kept in the clerks office for dis
tribution as the rule requires.