336 DORSET «. CAMPBELL.—1 BLAND.

Whereupon it is decreed, that the auditor's report be, and the
same is hereby ratified and confirmed. And it is further decreed,

arguments and all other proceedings, were by the Chancellor read and con-
sidered.

Some of the material facts stated in the bill are neither admitted by the
answer, nor established by the depositions. The circumstances of this case
are indeed peculiar; and a cause recently decided in the High Court of Ap-
peals, without explaining the principles of their decision, has rendered un-
certain to the Chancellor what principles are to govern in cases where the
performance of an old agreement is sought in this Court. He would cer-
tainly be guided by the opinion of that Court, if he knew it. Upon the
whole he conceives, that the best thing he can do for the interests of both
parties, and to render justice, and to put an end to controversy, is to recom-
mend a reasonable compromise.

He then proposes a decree by consent, to the following effect, viz.—1. The
injunction shall be made perpetual; and the defendant shall convey to the
complainant and his heirs, all his right, title, interest and estate in and to
the land which is the subject of contest.—2. The complainant, on or before
the first day of next October Term, shall bring into Court, to be paid to the
defendant, the sum of one hundred and sixty-six pounds, thirteen shillings
and fourpence current money.—3. The defendant shall not be compelled to
make the said conveyance until the bringing in or payment, or levying of
the said sum. And if the said money be not brought in. as aforesaid, the
defendant, at his election, may either have the process of this Court, on
application to the Chancellor, to enforce the payment of the said sum. with
interest, from the said first day of October Term, or shall beat liberty to
have a writ or process from the Court of law to obtain possession of the
land, by him recovered by his ejectment, as stated in the bill, the injunction
aforesaid notwithstanding: and the complainant shall be prohibited from
any relief in this Court, on the agreement stated in the bill.—4. Each party
shall sustain his own costs in this Court and in the Court of law.

On the application, by petition, at any time, of either party, who shall
hereby refuse to accede to this recommendation, the Chancellor, without
delay will proceed to decree, according to the best of his judgment and con-
science.

The defendant Nicholas Watkins assented to the terms proposed by the
Chancellor. Upon which the following decree was passed.

HANSON, C., 30th August, 1802.—The defendant having fully acceded to the
recommendation of the Chancellor, and pressed him to decree, he conceives,
that there is no valid objection, against decreeing according to the recom-
mendation, although the complainant hath not acceded to it.

It is thereupon decreed, that the injunction in this cause issued shall be,
and it is hereby declared to be perpetual; and that the defendant, by a good
deed, to he acknowledged and recorded legally, convey to the complainant
Tobias and his heirs all his the said defendant's right, title and interest in
and to the land in the bill mentioned, part of a tract called "Friends'
Choice," as in the bill described. It is further decreed, that the complain-
ant, on or before the first day of next October Term, shall bring into Court,
to he paid to the defendant, the sum of one hundred and sixty-six pounds
thirteen shillings and four pence current money. Provided nevertheless,
that the said defendant shall not be compelled to execute the said deed