INDEX.—2 BLAND. 667

PLEADING.—Continued.

10. It is sufficient, that the husband alone be made a party, to shew, that
he has obtained satisfaction for the c/io.se in action of his wife. Contee
v. Dawson, 248.

11. A party cannot avail himself of proof, in regard to any matter not
alleged. Ib.

12. An executor must expressly aver an insufficiency of assets, other-
wise he cannot prove it. and so avail himself of the fact. Ib.

13. The general rule, that all persons interested must be made parties, is
made to yield where necessary, either as to plaintiffs or defendants.
Watkins v. Worthington, 486.

14. A disclaimer should be explicit, and can only be received from a de-
fendant who is subject to no liability. Worthington v. Lee, 643.

15. All persons having an interest in the object of the suit should be made
parties, Ib.

16. A petition for the production of books and papers to be used on a trial
at law, must give a sufficient description of such documentary evi-
dence. Duvall v. Farmers Bank, 649.
See CORPORATION, 1.

DEBTOR AND CREDITOR, 20, 25-31, 47. 48, 61, 63,

GUARDIAN AND WARD, 3.

MORTGAGE, 2-5.

PRACTICE, 19, 20, 31, 34. 42. 48.

POTOMAC RIVER.

The Potornac River belongs entirely to Maryland—above tide, it was not
originally deemed a navigable river: but has been made so. in a quali-
fied manner, by law. Binney's Case. 95,

PRACTICE.

1. The auditor may be ordered to proceed immediately to the adjustment
of an account—a settlement in the Orphans" Court by a guardian is
not conclusive; but when relied on by him here, he should produce
the vouchers on which it was founded. Crapster v. Griffith, 1.

3. A plaintiff, after a decree in his favor for the delivery of certain
negroes, may, by a new bill, recover their increase and profits sub-
sequent to the auditor's report, and not included in that decree. Ib.

8. A decree of the Court of Appeals, sent to the Court of Chancery to be
executed, cannot be there revised or modified in any material par-
ticular. Ib.

4. A feme covert defendant attached for not answering. The bill amended
so as to charge, that an infant defendant had attained her full age,
that she might be compelled to answer as an adult. Where there is
a plurality of defendants, and a commission, with consent of some
of them only, has been issued, the testimony so taken cannot be read
against those who had not consented to the issuing of the commis-
sion. Kipp v. Hanna, 22.

5. Where there was an annual sum given by will to one, " to be paid out
of the profits of the real estate " devised to another, Chancery may-
decree an. account for it, or may have the land sold for its payment,
or have it raised out of the rents and profits by putting a receiver
upon the estate, or may grant a personal decree against infants or