16 CRAPSTER v. GRIFFITH.—2 BLAND.

defendant for the two negroes, Walter and Mary, who had died
before the former decree; and eighth, because no allowance had
been made to the defendant for the expense of raising the young
negroes born since the death of Vachel Dorsey, which have been
allotted to the complainant.

KILTY, C., 12th January, 1821.—This suit being ready for hear-
ing, was argued by counsel on each side, on exceptions to the aud-
itor's report, and on the equity reserved by the interlocutory de-
cree made by consent of the parties.

On considering the proceedings, I have formed the following
opinions on the ease; first, that the decree in the suit by Crapster
and wife, against Griffith, as affirmed by the Court of Appeals, is
conclusive and cannot be opened for either party; secondly, that
the negroes born after the close of the commission ought to have
been brought in by a supplemental bill, and cannot be sued for by
a new bill, having been in esse before the decree; and thirdly, that
the value of the labor of the negroes, from the time of the auditor's
statement, ought not to be allowed in this suit, it being a subject
proper either for the Court of Appeals, in the nature of an increase
of damages, or interest; or for a suit on the appeal bond. There
is also a prayer in the bill for a conveyance of certain lands taken
up, concerning which nothing was said in the argument; and there
is no ground for a decree.

Decreed, that the bill be dismissed with costs, to be taxed by
the register.

From this decree the plaintiff appealed, and the case having
been carried up to the Court of Appeals, and the solicitors of the
parties fully heard there.

BY THE COURT OF APPEALS.—Crapster v. Griffith, 6 H. & J.,
144, 12th July, 1823.—Decreed, that the decree of the Court of
Chancery be reversed with costs in that Court and in this. De-
creed, that the appellant is entitled to one moiety of the negroes,
born of Lucy and Milly after the execution of the commission, and
before the passing of the decree in the suit brought by the appel-
lant and his wife, against the present appellee in the Court of
Chancery, and which is referred to and made part of the bill of
complaint in this cause; and that the appellant is entitled to re-
cover the value of the labor of the negroes assigned to him by said
decree, from the date of the auditor's statement, to wit:
20 * the 19th day of December, 1813, to the period when the
said last mentioned negroes were delivered to the appellant. And
decreed, that the Chancellor make and pass all necessary and
proper orders for carrying this decree into full and complete effect.