McKIM v. ODOM.—3 BLAND. 427

plaintiff, and no one appearing for the defendants before the close
of the sittings of the term according to the rule of the Court, the
proceedings were read and considered.

Considering the pleadings as they now stand, and the manner
in which the case has been brought before the Court, the general
replication has denied and put in issue every thing alleged by way
of avoidance in the answers. All which matters must, therefore,
be rejected; except, in so far as they may be found to have been
substantiated by proof. The auditor was correct, therefore, in
charging Odom with the whole amount of what he, in any way,
had admitted he had received as the proceeds of the sale, or for
the earnings of the schooner Beauty; and in rejecting all claims
for disbursements on account of that vessel of which there was no
evidence, other than the answers and mere exhibits of the defen-
dants.

There is. however. some evidence in support of some of the
claims made by the defendant Law, as ship's husband; and besides
as to these the plaintiff \ solicitor, in his notes, has distinctly ad-
mitted, that the defendants are entitled to a credit for $453.23.
which has not been allowed by the auditor; and therefore, the au-
ditor's report must be rejected, and the plaintiff McKim must have
a decree for the balance.

* The plaintiffs by their bills claim a moiety of the proceeds
of the sale and earnings of the schooner Beauty from the 433

defendant (Morn; and they resist the claim of the defendants Law
& Harrison, for any alleged disbursements made by them as ship's
husbands. As a foundation for an injunction, the plaintiffs en-
deavored to identify the proceeds of the vessel from Odom to the
bank, so as to have them detained there. But in this they have
failed; and therefore, can have relief as prayed only against the
defendant Odom. I am also of opinion: that the defendant Odom
is chargeable with interest from the time when it appears that
the proceeds of the vessel reached this country, and were applied
beneficially to his use, and ought to have been accounted for or paid
to the other joint owner of the schooner.

Whereupon it is decreed, that the auditor's report be and the
same is hereby rejected. And it is further decreed, that the defen-
dant John Odom, pay or bring into this Court to be paid to the
plaintiff John McKim, Junior, the sum of 93,181.60, wth interest
from the 18th of June, 1827, until paid or brought in. together
with his costs in his suit, to be taxed by the register. And it is
further decreed, that the bill of complaint, as against the defen-
dants George Law and William G. Harrison, be and the same is
hereby dismissed without costs. And it is further decreed, that the
bill of complaint, as against the defendants Wiilliam F. Anderson,
and the President and Directors of the Franklin Bank of Balti-
more, be and the same is hereby dismissed with their costs to be