NEALE r. HAGTHROP.—3 BLAND. 565

late Anthony Hook; because none of them, as such, can have any
title, but from one of his administrators, and no such title is al-
leged or pretended; and also, because none of them are made
parties to this suit as plaintiffs; and Barbara Hagthrop and James
Hook, who have been made defendants, are neither charged as,
nor make any claim or defence in right of their being two of the
legal representatives of the late Anthony Hook. And the case,
when thus cleared, is on the part of the plaintiff simply this:

By a deed, bearing date on the 17th of August, 1797, the late
Anthony Hook conveyed certain property, therein mentioned, to
the late John Hook, on the terms specified in the deed; winch
property came to the hands of the late John, and after his death
passed into the hands of Hagthrop and wife, as his administrators,
and is now held and detained by them and the other defendants
who claim under them. The plaintiff alleges, that this property,
according to the nature and terms of the deed, was conveyed to
John as an indemnity in case, and upon condition, that he should
pay certain debts therein specified; which have not been paid
And consequently, that the late John Hook had held, and his
legal representatives, and those who claim under them, now hold
this property as trustees for the use of the late Anthony Hook,
and his legal representative, who is now the present plaintiff.
Upon which the complainant prays, that this property may be ac-
counted for and delivered up, together with the profits thereof.

* The whole of this controversy has grown out of the deed
of the 17th of August, 1797, from the late Anthony Hook 581
to his son, the late John Hook. This indenture, after reciting
that Anthony Hook being justly indebted to John Moale and
thirteen other persons therein named, but without specifying the
amount due to all or any of them, declares, that John Hook had
agreed to pay to those creditors of his father Anthony their seve-
ral and respective debts, in consideration of which, and also, in
consideration of natural love and affection for his sou, and of the
further consideration of five shillings, Anthony Hook convened to
John Hook his leasehold right to two pieces of land, the one a lot
of ten acres, part of the tract called David's Fancy, and the other
a lot fronting on Alice Anna street in the City of Baltimore, to-
gether with certain negroes and personal property, all which are
particularly described. The indenture then concludes in these
words: "To have and to hold the said ten acre lot and the other
lot on Alice Anna street for and during all the rest, residue, and
remainder of the original terms granted for each respectively, sub-
ject to the rents and covenants reserved and contained in the
above, in part, recited lease and assignment; and to have and to
hold all and singular the household and kitchen furniture, plate,
and negroes, unto him the said John Hook, his executors, admin-
istrators, and assigns, forever. Provided always, and it is the