NEALE v. HAGTHROP.—3 BLAND. 545

her husband's estate; and in the inventory returned the chattels
real mentioned in the deed of the 17th of August, as a part of the
property of her intestate; that some time after she had made re-
turn in the inventory of the said property, the children and heirs
of Anthony Hook applied to her for their proportion of it, alleging
that it had been conveyed to and held in trust by her intestate,
and * ought to be accounted for as a part of the estate of
Anthony Hook; that after advising with counsel she agreed, 558
that the ten acre lot .should be sold so as to effect a distribution
thereof among the heirs and representatives of Anthony Hook,
which was made accordingly; that several years after those trans-
actions, and after her marriage with the defendant Edward, she
and her husband preferred the petition, as stated in the bill, in
which they deemed it proper to present to the view of the Or-
phans' Court the said paper upon which the said children and
heirs of the said Anthony Hook had relied to prove, that the said
property did not belong to the said John Hook as his absolute
property, but was only held by him in trust for the said Anthony
and his representatives; and which was accordingly received by the
said Court, and the final account of the said administration of the
said estate of John Hook, was passed and closed.

The defendant Bennett, by his answer filed on the 14th of Feb-
ruary, 1822, says, that the defendants Hagthrop and wife for a
valuable consideration, to them actually paid, did by indenture,
made on the 3d of August, 1810, convey to him a part of the ten
acre lot as therein described; "that he had no knowledge or notice
of any claim of the said complainant, or of the heirs and repre-
sentatives of the said Anthony Hook, deceased, either before or
at the time of the said conveyance of the said property mentioned
in the said indenture, of, in and to the said property therein men-
tioned; nor had this defendant any knowledge or notice of the said
claim set forth in the said bill of complaint, until since the filing
and exhibition of the said bill of complaint."

The defendant Fitzgerald put in his answer on the 14th of Feb-
ruary, 1822, in which he says, that on the 4th of September, 1806,
he purchased one piece of the ten acre lot of John H. Hill, and
on the 9th of August, 1810, he purchased another piece of the
defendant Edward Hagthrop: and on the 17th of September, 1811,
he purchased a third piece of Girard Tipton; and on the 17th
of June, 1815, he purchased a fourth piece of the defendant Ed-
ward Hagthrop; that the deeds made to him for these four pieces
of ground were bona fide, for a valuable consideration, and with-
out any notice of any claim being made thereto by this plain-
tiff, or the heirs of Anthony Hook, deceased, until the filing of

this bill.

The defendant Benjamin Rawlings, as surviving executor of
William Rawlings, deceased, put in his answer, on the 10th of
35 3 B.