10 WALSH v. SMYTH.—3 BLAND.

heirs and assigns, all his estate, right, title, claim and interest in
and to certain tracts or parcels of land lying in Nelson County, in
the State of Kentucky, containing about twenty thousand seven
hundred eighteen and three-fourths acres of land, which he, the
said Robert Walsh, acquired by virtue of a certain deed of con-
veyance, dated the 23d day of March, 1795, from a certain James
Kerr to the said Robert Walsh. The said lands to be conveyed
by the said Robert Walsh to the said Samuel Moale, as aforesaid,
free, clear of and from all incumbrances which may have been
created by the said Robert Walsh, and also clear of all taxes which
have accrued since the date, of the said deed from James Kerr to
the said Robert Walsh; which lands we find were conveyed to the
said Robert Walsh, as agent of Casenave & Walker, of whom
the said James Walker was surviving partner. Provided always
* however, and it is the true intent and meaning of this
19 award, that the said Robert Walsh shall not be compelled
to execute the said deed of conveyance until a perpetual injunc
tion shall be granted by the honorable, the Chancellor of Mary-
land, in a cause or causes now depending in the High Court of
Chancery, wherein the said Robert Walsh is complainant, and
seeks to be protected against the effect of sundry judgments at
law against the said Robert Walsh, obtained on bonds executed by
the said Robert Walsh, to a certain Thomas Smyth, Jr., of the
State of Georgia, which bonds we find were given by the said
Robert Walsh, as agent of the said Casenave & Walker, of whom
the said James Walker was surviving partner." Made and signed
on the 17th of April, 1816, and judgment rendered thereon on the
4th of May, 1816.

The petition further stated, that the petitioner, from the informa-
tion he has received, has good cause to believe, and does believe,
that a gross fraud was practised on the plaintiffs by the pretended
sale to them by Smyth and Lynch, of lands to which they had no
good or valid title, as is set forth in the bill; and that it an oppor-
tunity were given by a rehearing of the cause, and admitting him
as a party plaintiff thereto, he could and would obtain sufficient
and competent testimony to sustain the allegations of the plain-
tiffs in the bill, on which the equity was founded which entitled
them to the injunction originally granted; and to satisfy the Court
that it ought to be made perpetual.

Upon which the petitioner prayed, that the decree of the 6th of
September, 1830, might be rescinded, the case reinstated, and the
injunction heretofore granted revived and continued in full force
until further order; that he might be made a party plaintiff accord-
ing to the provisions of the Act of Assembly; that all further pro-
ceedings at law, as heretofore enjoined, might be suspended and
stayed until further order; and that he might have such other and
further relief as the nature of his case required.