582 NEALE v. HAGTHROP.—3 BLAND.

a component part of the title relied upon by the surviving defend-
ants, it may, in some instances, be expedient and proper to pass a
decree upon the matter in controversy as to the surviving defend-
ants, and to leave the separate interest of the deceased open to be
afterwards brought before the Court at a more convenient season,
or when required by his representatives. Bressenden v. Decreets,
2 Ca. Cha. 197; East India Company v. Coles, 3 Swan. 142; Ferrers
v. Cherry, 1 Eq. Ca. Abr. 4; Lingan v. Henderson, 1 Bland, 238.

But here all the original defendants alike derive title under or
in opposition to one and the same deed; upon the true construction
* of which all their titles must mainly depend; and there-
600 fore they have all of them been properly brought before the
Court as parties. It is true, that any one of them might, under
circumstances peculiar to himself, have been enabled to sustain
his own pretensions alone; yet the deed of the 17th of August,
1797, being that foundation upon which the plaintiff plants his
claim against all, an expression of the Court's opinion upon that
deed, from what has been shewn, must necessarily and alike affect
all; and the directions, upon that ground, have been given for
taking the accounts. Hence, although the property in the hands
of each defendant may be entirely distinct, and the quantum of
liability of each may be different; yet the origin and foundation of
the controversy is essentially and necessarily the same as to all.
And, therefore, before the case can be suffered to proceed, the bill
must either be dismissed or absolutely abated as to the claim of
the deceased defendant Chittenden, or be revived against his rep-
resentatives.

Whereupon it is ordered, that the foregoing petition be and the
same is hereby dismissed with costs.

After the filing of a petition to make Harriet Chittenden a
party, and she had been returned summoned as the administratrix
and legal representative of the deceased defendant Nathaniel
Chittenden, by a writing, signed by the solicitors of the parties,
and filed on the 14th of May, 1832, it was agreed between the com-
plainant and Harriet Chittenden, administratrix of Nathaniel
Chittendeu, deceased, that the petition filed against her should be
dismissed; and the agreement heretofore entered into relative to
the property in her intestate's possession be confirmed.

BLAND , C., 4th August, 1832.—This case standing ready for
hearing and having been submitted by the plaintiff without argu-
ment, and no one appearing for the defendants beiore the close of
the sittings of the term, the proceedings were read and consid-
ered.

It appears, that the auditor has, in all respects, made his esti-
mates according to the principles, and in the manner directed by