JONES r. MAGILL.—1 BLAND. 167

Warfield did convey to the plaintiff two negroes by the bill of sale
of the 5th of April, 1823; but he denies, that he had any know-
ledge of, or agency directly or indirectly in concealing, or removing
those negroes from this State; that the testator of the plaintiff in
his life-time, and this plaintiff, since his death, have frequently
promised to pay the note of $500 to this defendant; and finally,
this defendant admits, that he has obtained judgment and levied
execution, as stated in the bill, and prays that the injunction may
be dissolved, &c.

The defendant Harding filed his answer on the 16th of May,
1825, in which he says, he admits, that he was indebted to Magill
as stated; that, in consideration, and in full satisfaction of that
debt, he conveyed to Magill the two negroes John and Westley,
which negroes Magill, whose wife is the sister of this defendant's
wife, convened in trust for the use of the children of this defend-
ant, intending it as a gift to them from their aunt; that the whole
transaction was bona fide, and without fraud: this defendant denies,
that he ever agreed with the plaintiff, that the value of those ne-
groes, if more than sufficient to satisfy the note for $326.81, should
be applied to the satisfaction of the note for $500; that this defend-
ant, at the instance and request of the late Abraham Jones, bor-
rowed of the defendant Gittings the sum of $500, which he deliv-
ered over to Jones for his use; that they gave their note to Gittings
for the amount so borrowed; and although this defendant's name
stands first in order as being apparently the principal obligor; yet
he is, in fact, no more than the mere surety of Jones, which fact is
well known to the defendant Gittings; that the defendant borrowed
from the Bank of Westminster the sum of 81,000, for which he gave
his note with Abraham Jones, Alexander Warfield, and Richard
Beall, as his sureties; and at the instance of Warfield, and for the
purpose of saving him and his other sureties harmless, after that
note had been reduced by payments to $730, he convened to him
by the bill of sale of the 10th of August, 1822, propertj to the
value of $1,250; and this defendant denies, that it was intended,
in any manner, as a security for the payment of the note of $500;
this defendant admits, that he has sold the negroes, Nelson and
* Mason, and has appropriated the proceeds of .sale to his 180
own use; averring that he was well justified in doing so, &c.

These answers not having been filed during the sittings of a
term, the Chancellor on application passed the following order as
usual in such cases.

BLAND, C.. 16th May, 1825.—In this case the defendants,
Thomas Magill, and Thomas N. Harding, having filed their
answers, and entered on the docket notice of a motion at the
next term to dissolve the injunction issued in the said case, it
is ordered, that the said motion stand for hearing at the next