NEALE v. HAGTHROP.—3 BLAND. 571

will be decreed to deliver up and reconvey to the plaintiff what-
ever of the ten acre lot, thus acquired by him, he may now hold;
and to account for the rents and profits thereof from the date of
the deed under which he obtained possession, with such just
allowances as he may be entitled to; the nature of which shall be
specified.

Samuel Moore and George A. Hughes answer jointly, they posi-
tively aver, that they are purchasers of William McMechen for a
valuable consideration without notice. But they exhibit no evi-
dence of title, nor any proof of right whatever. According to the.
rules and principles before laid down, they cannot be permitted
thus to swear themselves into the estate of the plaintiff; and.
consequently, even if their answer were, in other respects, fully
responsive to the bill, it could not avail them as a defence, unsup-
ported as it is by proof. These defendants will, in like manner,
be decreed to deliver up and reconvey to the plaintiff the property
held by them; and be aiso charged with rents and profits from the
first day of May, 1818, when it appears they obtained possession.

John Gator, by his answer, states, that he purchased of Mc-
Mechen, that which he holds. His predicament and pretensions
are similar, in all respects, to those of Moore and Hughes. Cator,
therefore, will likewise be decreed to deliver up ami reconvey; and
also to accounf for the rents and profits of what he holds, from the
first of May, 1818, when he was let into possession; with such
just allowances as shall be specified.

John S. King, by his answer, states, that he leased from the
defendant Cator; but having exhibited no better title than his
lessor, *will be, in like manner, ordered to deliver up, re-
convey, and account for the rents and profits to the plain- 588
tiff from the 9th of March, 1819, when he took possession.

John Weaver, in his answer, says, that he too is one of those
who purchased of William McMechen. This defendant has also
left his answer wholly unsupported by any exhibits or proofs. He
will therefore be decreed to deliver up, reconvey, and account for
the rents and profits to the plaintiff. He admits, that he obtained
possession in the year 1819; but does not specify the day or
month; a medium, in the absence of such proof, must therefore
be assumed, and the account must commence on the first day of
July of the year 1819; with such just allowances as shall be
specified.

The defendant John Fitzgerald, in his answer, states, that, on
the 4th of September, 1806, he purchased of John H. Hall, a part
of a parcel of ground, containing ten acres, part of a tract of land
called David's Fancy, that he gave for it a valuable consideration,
and had no notice of the claim of the representatives of the late
Anthony Hook. He then goes on to state, that he purchased of
the defendant Hagthrop two other parcels of the same ten acre