MACCUBBIN v. MATTHEWS.—2 BLAND. 235

and conclusive admission, that he had assets sufficient to satisfy
that as well as his own claim, which could only be satisfied by re-
tainer in whole or in due proportion with others for which suit might
he brought. And since he made no defence on the ground of an in-
sufficiency of assets to satisfy his own claim as well as that for
which the suits were brought, those absolute judgments must be
considered as alike conclusive evidence of a sufficiency of assets
to satisfy both of them.

Whereupon it is ordered, that the said petition be and the same
is hereby dismissed with costs.

See this case, under the name of Gaither & Warfield, v. Welch's
Estate, reported in 3 G. & J. 259.

MACCUBBIN v. MATTHEWS.
CHANCEEY PRACTICE.

A party may. as of course, withdraw any document, which he himself has
voluntarily put upon file, for the purpose of having it authenticated.—
Commissioners may summon a witness to attend before them; and the
Court will compel him to do so; but a commission should be issued so as
to have the examination at a reasonable distance from the residence of
the witness.

THIS bill was filed on the 26th of June, 1828, by John Henry
Maccubbin against Elizabeth Matthews, William D. Matthews,
Mary E. Matthews, John E. Matthews, Jesse Matthews and John
Hall. It appeared, that the plaintiff had sold a parcel of land to
John Matthews, the intestate of the defendant, Hall, the late hus-
band of the defendant Elizabeth, and the father of the- other de-
fendants, who were all infants; that the land described as lying
within certain specified boundaries, was estimated to contain three
hundred acres more or less; and was to be paid for at $6.66 2/3 cents
per acre; that upon that estimate, part of the purchase money was
paid, and a bond given for the residue: and a bond of conveyance
given by the vendor to the vendee; that afterwards a survey was
made, and the tract was found to contain five hundred and thirty
acres; that the bond given for the residue of the purchase money
had been assigned to a certain Nicholas Brice, and was not then
paid; and that the defendant Hall, as administrator, had taken
possession of the effects of the intestate. Whereupon it was
* prayed, that the plaintiff might obtain a decree for the 251
sale of the land for the payment of the purchase money,
anid have such other relief as might be consistent with equity.