THE BANK v. DUGAN.—2 BLAND. 239

commissioners give notice, as usual, to the opposite party, of the
time and place of taking the said testimony. And it is further
ordered, that the register issue an attachment as prayed to en-
force obedience to this order.

After which, these witnesses attended, their depositions were
taken, and the commission was returned, together with their and
other testimony. Upon which the case was heard; and on the
30th of April, 1833, it was decreed, that the administrator should
pay to the plaintiff the balance of the purchase money, other than
that due upon the bond, &c.

THE BANK v. DUGAN.

CHANCERY PEACTICE.—CREDITORS' SUIT.—PRODUCING BOOKS.—OVERRULING

PLEA.

A creditor's suit against an executor alone.

A creditor permitted to coine in. on petition, before the defendant had

answered.
Where a plaintiff has an interest in books, which the defendant admits to

be in his possession, he may be ordered to produce them; but they must

be called for by petition, not by way of exception to the defendant's

answer.

The answer overrules the plea.
The plea being overruled, the defendant was ordered to pay the costs, (a)

THIS; bill was filed on the 22nd of May, 1829, by The President
and Directors of the Bank of Maryland against Cumberland Dugan.
surviving executor of James Ciarke, deceased. The bill charged,
that the executors of the deceased by their improper, negligent,
and illegal conduct had so managed the assets of the deceased,
that a large amount of them had been wasted; in consequence of
of which his creditors had not been paid. Whereupon *it

was prayed, that, for the benefit of themselves and the other 255
creditors of the deceased who might be permitted to come in, the
surviving executor might be ordered to account; that- the creditors
might be paid, &c.

Alter which Elizabeth Blair, executrix of William Blair, de-
ceased, by her petition stated, that she had, at September Term,
1824, of Baltimore Comity Court, recovered a judgment against
the executors of Ciarke for the sum of $1,000, with interest from
the 23rd of May. 1814, and costs, to bind assets; which debt had
not been paid. Whereupon she prayed to be admitted to come

(a) Cited in Seebold v. Lockner. 30 Md. 137.