McKIM «. THOMPSON.—1 BLAND. 149

The objects and inducements for making an interlocutory order,
or partial decision of this kind, are to remove the fund out of
danger; to place it in a state of the greatest security for the benefit
of all concerned; and, by circumscribing the field of controversy,
to accelerate the further progress of the case, and save costs; since
it is evident, the parties will spin it out while they have the ad-
vantage of keeping the money. Roberts v. Hartley, 1 Bro. C. C.
56; Gordon v. Rothley, 3 Ves. 572.

Hence it appears, that those who make this motion, must shew,
that, however much more may be due, they have an interest in the
sum of money proposed to be called in; and that he who holds it
in his possession, has no equitable right or title to it whatever.
And the facts on which these petitions are to be based, must be
found in the case as it then stands, either admitted, or so estab-
lished * as to be open to no further controversy at any subse-
quent stage of the proceedings. Montgomery v. Clark, 2 160
Atk. 378; Rogers v. Rogers, 1 Anstr. 174; Quarrell v. Beckford,
14 Ves. 177; Vigrass v. Binfleld, 3 Mad. 62; Rothwell v. Rothwell,
2 Sim. & Stu. 217.

These principles being settled, the next inquiry is, how far the
Court may allow itself to range through this case in search of those
facts, which are to be thus taken as admitted or established. The
plaintiffs contend, that the answer of a co-defendant, and certain
exhibits and proofs, taken in express reference to this motion,
should be read and considered. On the other hand, the defend-
ant Thompson urges, that the very satisfactory explanations of
what he calls his supplemental answer; or at least, that matter
stated in his petition, filed on the 31st of January last, as the sub-
stance of a supplemental answer, which he ought to be permitted
now to file, should be taken into view. All these matters must be
disposed of before we can safely undertake to bring together what
may be considered as the admitted, or established facts in relation
to this motion.

during the present term without any exception being filed thereto, is liable
to be confirmed, or otherwise acted on without further notice. And it is now
taken up on motion of the complainant. The balance reported as due from
or in the hands of the defendants, Owens & Smith, is $13,925.29. Against
this there are some further credits, which are extended, but not yet estab-
lished or allowed, which, if allowed, would reduce the balance to $11,837.35.
On the present state of the accounts, it is ordered, that the said Owens &

Smith do forthwith deposit in the Farmers Bank of Maryland, to the credit
of the estate of William Robb, the sum of $13,337.35, which will be liable
to a deduction and return of the further credits for expenses and commis-
sion, if allowed, and also the sum of $1,509, claimed on account of A.
Stewart, if established. The balance then remaining will be subject to the
order of the Court, on a further report to be made by the auditor as to the

claim of the creditors, including the defendants.