426 McKIM v. ODOM.—3 BLAND.

BLAND C., 13th March, 1830.—This case having been again sub-
mitted on the part of the plaintiffs, with a prayer for a decree to
account; and with notes on the part, of the defendants objecting
to the passing of any such decree, the proceedings were read and
considered.

On a careful consideration of all the affidavits filed since the
passing of the order of the 6th of July last, it very satisfactorily
appears, that the defendant John Odom always has been since the
institution of this suit: and must still be deemed a resident of the
State of Maryland; and therefore the order oi publication treat-
ing him as a person who resided beyond the jurisdiction of this
Court, is erroneous in point of fact, and has been improvidently
passed.

Whereupon it is ordered, that the said order of the 31st of Octo-
ber last, be and the same is hereby rescinded.

After which the death of the plaintiff Moore was suggested;
and on the 1st of October, 1830, the defendant Odom put in his
answer to this amended bill, which was, in substance, the same
as his answer to the first bill. To all these separate answers of
the defendants, the plaintiff put in a general replication. A com-
mission having been issued, was returned and filed on the 29th ot
December, 1830, without any testimony having been taken under
it. After which the commissioners, on the 7th of March, 1830,
filed a certificate, in which they stated, that by an agreement
432 *between the solicitors, the return of the commission had been
delayed, at the instance, and for the convenience of the defendants,
in order that they might, if they thought proper, take any testi-
mony they wished; but that the plaintiffs were not to lose the bene
fit of having the commission returned as before the December
Term. At the following March Term the case was again brought
before the Court.

BLAND, C., 15th March, 1831.—On motion of the plaintiff's so-
licitor, it is ordered, that this case be and the same is hereby re-
ferred to the auditor, with directions to state such an account as
the nature of the case may render necessary; and such other ac-
counts as either party may require.

After which the auditor, on the 3d of June, 1831, reported and
filed a statement of an account between John Odom, and the own-
ers of the schooner Beauty, shewing a balance of $5,634.82. to be
due to the plaintiff McKim. To which the defendants filed excep
tious, and the case was again presented to the Court.

BLAND, C., 10th August, 1831.—This case standing ready lor
hearing, and having been submitted on notes by the solicitor of the