62G ANDREWS v. SCOTTON.—2 BLAND.

which might be found in Ms hands, seems to have been wholly
abandoned.

It now appears that the defendant, Ashur Foulke, the adminis-
trator, who had been appointed to make the sale, is dead; and that
the suit had thus abated as to him. A suit which has abated as
well in regard to the real as to the personal estate may be so re-
vived as to proceed against either, leaving the abatement to stand
as to the other. Colegate D. Owings' Case, 1 Bland, 409. So here,
as this abatement does not * affect the plaintiff's claim, or
661 their proceedings against the realty, founded upon their
equitable lien, it may be suffered to stand, and the case be allowed
to proceed in all other respects, and for that purpose it will only
be necessary to appoint some person to take the place of the de-
ceased trustee.

Whereupon it is ordered, that James Boyle be, and he is hereby
appointed trustee, to carry the decree into effect; and in all re-
spects he will be governed by, and pursue the directions of the
decree in the same manner as if originally appointed trustee.

The surveyor John W. Duvall, by his petition riled on the 3d
of October, 1827, stated, that there was then due to Mm from each
of the parties the sum of $15 for the survey made by him under
the order of the 8th of January. 1823. Whereupon he prayed,
that the trustee Boyle, and Samuel Andersou might be each of
them ordered to pay him that amount.

BLAND, C., 3d October, 1827.—Ordered, that James Boyle, the
trustee, pay to John W. Duvall the sum of $15 for his services,
as stated in his petition. And it is further ordered, that Samuel
Anderson pay to John W. Duvall the sum of $15 for his services
as above stated; or that they, Boyle and Anderson, shew cause to
the contrary on the first of November next. Provided, that a
copy of this order be served on each of them before the fifteenth
day of the present month.

The trustee Boyle, on the 2d of November, 1827, filed his
answer shewing cause against this order; in which he states, that
although he admits, that the services were performed by the sur-
veyor, and that his charge is reasonable; yet he did not render his
account to the register until the 3d of October, 1827; that in
consequence of this neglect the register in taxing the costs, set
out in the record, transmitted to the Court of Appeals, had not
included the fees now claimed by the surveyor; that & fieri facias
was issued against Auderson from the Court of Appeals for the
costs, and charges of the two Courts as taxed by the register and-
clerk; that it would be unjust, that the estate of Stephen Scotton
should have to pay these fees, now claimed by the surveyor with-