388 DEAKINS' CASE.—2 BLAND,

gards the interest of those who claim under Jane, the facts having
been admitted, must be made perpetual.

But the purpose to which the money arising from the sale was
to be applied, was among others, the payment of this debt said to
be due to Edward Thomas; if it had been shewn, that there was,
in fact, no debt due to him, the trustee Francis Deakins would not
have, been allowed to sell, upon the pretext of a necessity to do so,
to satisfy that debt. And consequently, the Court will not now
appoint and authorize a trustee to take the place of Francis, and
do that very act which it would have prohibited Francis from doing-
were lie alive.

The order of the 2d of July, 1821, operates as, and must be con-
sidered in the nature of an injunction. And in looking into the
answer of the executors of Edward Thomas, to see whether there
is any thing there which will authorize or require the rescission or
dissolution of the injunction order, I find that none of the material
facts upon which it was originally based have been denied or re-
moved; therefore,

It is ordered, that the authority conferred on the trustee ap-
pointed by this Court to make sale of the real estate of the late
William Deakins, be construed to extend only so far as the same
may be warranted by so much of the will of the late William as
clothed his late brother Francis Deakins with authority to sell the
same, and no further. And it is moreover ordered, that no sale
whatever be made, by any trustee appointed by this Court, of any
portion of the real estate of the late William Deakins, which by
his will wras authorized to be sold for the payment of his debts,
for the purpose of paying the debt now alleged to be due to the
* executors of Edward Thomas, deceased, until the final
405 gearing of this case, or further order.

After which a commission was issued, by virtue of which testi-
mony was taken in this case under the name of Hoye against King
and Hebb; and the whole matter was again brought before the
Court.

BLAND, C., 14th December, 1827.—This case standing ready for
hearing, the solicitors of the parties were heard, and the proceed-
ing read and considered.

The late Edward Thomas, in the year 1804, obtained a judgment
against Francis Deakius, executor of the late William Deakins, for
the sum of $3,390.50, with interest from the 1st of November.
1797, and costs. After which, Francis Deakins died, and admin-
istration de bonis non upon the estate of the late William, was
granted to the plaintiff Hoye. On the 26th of March, 1805, soon
after Hoye had thus obtained letters of administration, he entered
into an agreement with Edward Thomas to let him have certain