LINGAN v. HENDERSON.—1 BLAND. 227

the account was to be included, not only the concerns of the part-
nership in which they were concerned, but also the accounts of the
administration of the estate of Richard Henderson, and the pro-
portionable share of that estate to which John Henderson was
entitled. * But there has been no final settlement of accounts
between James M. Lingan and John Henderson. The part-
nership between them was dissolved in 1807, and the books of the
concern delivered to James M. Lingan, as surviving partner, after
the death of John Henderson in 1809, for the purpose of collecting
the debts of the partnership; that John Henderson received none
of the profits of the partnership; and she thinks it possibly may
be shewn, that James M. Lingan was considerably in debt to the
concern. The defendant Lydia further answering, says, that she
does not know what price was agreed on between Lingan and
Henderson for the land mentioned in the deed; but admits, that
John Henderson had the possession and enjoyed the profits of it
to the time of his death, which happened on the 27th of January,
1809; that she does not know of Henderson's having acknowledged,
after the execution of the deed, that he had not paid for the land;
that he was unable to pay for it, and that he insisted that Lingan
was, by the contract, to take it back in case Hendersou was unable
to pay for it. But she admits that John Henderson and James M.
Lingan died as stated in the bill, and that the plaintiff's claim is
disputed at law by her as administratrix. The defendant David
English saith, that he hath no knowledge of the matters charged
in the bill, and therefore can neither admit nor deny them.

It appears by the affidavit subjoined to this answer, that it was
sworn to before a justice of the peace of Washington County, in
the District of Columbia, by both of these defendants, David
English and Lydia his wife; and added thereto is a certificate by
the clerk of that county, that the person before whom the oath
was taken, was at the time duly commissioned and qualified as a
justice of the peace. After the coming in of this answer, the
plaintiffs filed a certificate of the clerk of the editors of the National
Intelligencer, annexed to a printed copy of the order of publication,
stating that it had been published as required. The plaintiffs then
by petition prayed, that a commission might be issued to the per-
sons therein named by them to take testimony, &c.

JOHNSON, C., 29th July, 1822.—Ordered, that a commission issue
to the persons named as commissioners, unless the defendants shall
name and strike commissioners, on or before the 20th day of August
next.

No one having appeared to name and strike on behalf of the
defendants, a commission was issued as directed, on the 8th of