TESS1ER v. WYSE.—3 BLAND. 21

Wyse, confessed judgments, but the bond, from which alone the
precise sum due could be ascertained, having been lost, the defi-
nite amounts were never entered up, and those judgments there-
fore still remain altogether inoperative. The bill further states,
that on the 16th of May, 1822, the defendant William A. Wyse.
being indebted unto the defendant Riston,in the sum of $2,000,
the said Rachel Wyse, with the defendants John M. Wyse, William
A. Wyse, and Eliza Wyse, mortgaged their respective interests in
the real and personal estate of the testator to secure the payment
of the same to the defendant Riston; that afterwards Rachel Wyse
* departed this life; and after her death, on the 16th of July,
1823, letters of administration de bonis non, with the will 31
annexed of the testator William Wyse, deceased, were granted to
the defendant Joseph Allender, who returned an inventory and
appraisement amounting to $2,293; that the difference which ap-
pears to be due to the testator's estate between the balance in the
account rendered by the said administratrix Rachel Wyse, and the
amount of assets returned by the administrator Allender, was ex-
pended in the maintenance, support and education of the testa-
tor's children.

Whereupon the bill prayed, that the administrator de bonis non,
might set forth and declare what had become of the personal estate
of the testator: that the said receipt might be delivered up to be
cancelled; that the mortgage to Riston might be set aside in favor
of these plaintiffs; that the defendants or such of them as were
liable therefor, might be ordered to pay the plaintiff's claim; or in
default thereof, that so much of the real and personal estate of the
testator as might be necessary for the satisfaction thereof be sold;
and that the plaintiffs might have such other relief as the nature
of their case might require.

On the 8th of August, 1825, the defendant Riston put in his
answer, in which he says, he cannot admit that the testator was
indebted to the plaintiffs; but he admits that the testator made his
will and died about the time stated, leaving a widow who adminis-
tered on, and took possession of his estate; and also left the chil-
dren as mentioned, in the bill. This defendant says he knows
nothing of the bill of complaint referred to as having been filed
in this Court. But he admits that a bond was given as stated,
which he avers was received by the plaintiff Tessier, in full satis-
faction of his claim against the estate of the deceased. This de-
fendant also admits the recovery of the judgments; but does not
admit, that they are inoperative by reason of the loss of the bond
of which he knows nothing. This defendant moreover admits, that
the mortgage was made to him as stated; that Rachel Wyse is
dead; that alter her death, administration de bonis non was granted
to the defendant Allender; but he does not admit, that the said
difference in the amount of the personal assets was expended in