464 MORETON v. HARRISON.—1 BLAND.

I. Pattison, administrator de bom's non of James Pattison, against
Walter Harrison.

The bill states, that the late James Pattison being seized in fee
simple of a tract of land, called Hunt's Mount, the one-half of
which he held to his owu use, and the other half in trust for the
use of the late John Westeneys; that they sold it in the year 1787,
for the sum of £640, to the defendant, who stipulated by bond to
pay for it befoie the first of September, 1790; that they delivered
the possession of it to the defendant on the 24th of December,
1787, who has held and enjoyed it ever since: that a small part of
the purchase money had been paid, for which credit had been given;
and, that there remained due, at the time of the death of the ven-
dors, Pattisou and Westeneys, the sum of £555, for principal and
interest, which has not been since paid; and which the defendant
had failed or refused to pay.

Whereupon the bill played,that the defendant might be ordered
to account with the plaintiffs concerning the balance of the purchase
money, and be compelled to satisfy the same; that is to say, one-
half to the plaintiff Moreton, and the other half to the plaintiff
Pattison; or in default thereof, that the land be sold; and that the
plaintiffs might have such further and other relief in the premises
as might be consistent with the principles of equity.

On the first of July, 1826, the defendant put in the following
pleas on oath; but without any answer whatever.

"The plea of Walter Harrisou of Anne Arundel County to the
* bill of complaint of Joseph Moreton, administrator de

492 bonis non of John Westeueys, and James I. Pattison, ad-
ministrator de bonitt non of James Pattisou.

"This defendant, by protestation to all the discoveries and relief
in and by the said bill sought from or prayed against this defend-
ant, for plea unto the said bill, saith; That if John Westeneys de-
ceased, and James Pattison deceased, or the complainants, as ad-
ministrators de bonis non of them, the said John Westeneys and
James Pattison in the bill named, ever had any cause of suit against
this defendant, for or concerning any of the matters or transactions
in the said bill of complaint mentioned, the same did arise above
twelve years before filing the said bill, and above twelve years
before serving this defendant with any process to appear to answer
the same.

''And this defendant further for plea says and doth aver, that
this defendant did not at any time within twelve years before filing
the complainants' said bill of complaint, nor within twelve years
before this defendant was served with process to appear and answer
thereto, ever promise and agree, or in any manner bind himself to
pay or satisfy the said John Westeneys and James Pattison in their
lives, or the said complainants as administrators de bonis non of the
said John Westeneys and James Pattison the sum of money men-