92 STRIKE'S CASE.— 1 BLAND.

him by Rogers, rejecting entirely Strike's claim; and because the
said rents are charged higher than is warranted in the proof of
the cause.

4th. Because the auditor should have allowed the defendant,
Strike, his advances in payment of taxes, ground-rent, and the
sum assessed for the extension of Pratt street; which he has not
done.

5th. Because the auditor should have allowed the defendant,
Strike, for all permanent and necessary improvements, laid out
and expended, and created on said lots; which he has not done.

6th. Because the auditor has charged the defendant, Strike,

with interest on the rents and profits of said property to the day

of the * trustees' sale, which makes Strike indebted in the

100 sum of $6,339.33, with further interest on $4,967.63, from the

day of sale; which he ought not to have done.

7th. Because Strike is charged with the ground rent upon the
lot on Pratt street, running to Whiskey alley; which he ought not
to have been.

8th. Because, in the said account and report, an allowance is
made to H. W. Rogers and Henry M. Murray, Esqr's, for fees;
and also an allowance for expenses incurred by creditors at the
private meetings, to consult about their private affairs.

9th. Because the said statement of account and report is erro-
neous in point of law and fact, and contrary to equity and right.

BLAND, C., 15th May, 1826.—This case having been submitted
upon the auditor's report, and the exceptions of Nicholas Strike
thereto, without argument, the proceedings were read and con-
sidered.

Whereupon, it is ordered, that the said exceptions to the said
report, made and filed by the auditor on the 4th instant, are hereby
overruled; that the said report and statements of the auditor be,
and they are hereby ratified and confirmed, and that the trustees
apph the proceeds accordingly, with the interest that has been or
maybe received. And it is further ordered, that Strike, one of the
said defendants, forthwith pay unto the complainants the sum of
$5,907.01, together with interest thereon from the fourteenth day
of September, in the year 1822, until paid. Arid it is further
ordered, that the defendant, Strike, pay unto the complainants,
all costs which have not been stated and included in the said re-
port of the auditor, to be taxed by the register.

The defendant, Strike, appealed from the decree of the 28th of
May, 1822; from the order of the 10th of April, 1826; and from
the order of the 15th of May, 1826; and the Court of Appeals at
June Term, 1828, affirmed them all. Strike v. McDonald & Son,
2 H. & G. 258,