STRIKE'S CASE.—1 BLAND. 69

matter, belong to our Code, but until lately, they * have been
suffered to lie unnoticed among those rarely used regulations, 76

had made a conveyance of the land to the plaintiff, as appeared by copies of
the deed and a receipt for it given by the plaintiff, which they then exhibited
with their answer; that they were the principal and only acting executors;
that the defendant, Digges, had meddled very little with, the estate, and the
defendant, Hall, had renounced the executorship.

To this answer the plaintiff put in a general replication. A commission
was issued, under which testimony was taken and returned; after which the
case was set down for final hearing.

May Term, 1736.—This cause coming to be heard before his excellency
SAMUEL OGLE, Esquire, Chancellor and keeper of the great seal, in presence
of the counsel on both sides, the complainant's bill, and the defendant's
answer, and the whole proceedings thereon were read, and appeared to be
as before set forth.

Whereupon, and upon hearing the bill and answer, and the proofs taken
in the cause read, and what was offered by counsel on both sides, this Court
doth think fit, and declare, that the defendants procure a conveyance from
the heir-at-law of the testator, agreeable to the conveyance which the com-
plainant received from the testator, aud gave his receipt for, or procure an
Act of Assembly to confirm that said deed, or such another, on or before
the —— day of April: and that, upon the execution of such deed by the
heir, or confirmation of such deed by Act of Assembly, the complainant
pay the consideration money, and the interest thereof, from the date of the
complainant's bond, mentioned in the bill of complaint; and in case sush
deed cannot be had from the heir-at-law, or that an Act of Assembly cannot
be procured for confirming such a deed as hereinbefore mentioned, that the
complainant pay only the interest of the purchase money from the date of
his bond, as a recompense for the use of the land; and, that the judgment
at law, and the injunction bond be deemed to be, and stand as security for
the principal money and interest in case a title be made to the complainant
as already mentioned; and if no such title shall he made, then the judgment
at law, and injunction bond to stand as security for the interest of the money
only.

The defendants in this cause having declared in Court, that they applied
to the last Assembly for an Act to confirm the deed, mentioned in the former
decretal order made in this cause, but could not obtain such Act; and that
the heir-at-law is a minor, and will not attain his full age in several years,
so that they have no means in their power to procure such a conveyance as
is mentioned in the said order; therefore, they pray his excellency the Chan-
cellor's further order therein.

The Chancellor having heard counsel on both sides, and taking the same
into his consideration, doth think fit to order, that the injunction be made
perpetual in this cause, in case the complainant shall pay the interest for the
purchase money from the date of his bond, mentioned in the proceedings,
and deliver up the possession of the land to the defendants, which are to be
complied with by the last day of October next, with liberty to the complain-
ant to finish his crop of all kinds on the said land, and remove his said crop
and cattle therefrom; or that the injunction be dissolved. And further, it
is ordered, that a reasonable allowance be made to the complainant, by the