WALSH v. SMYTH.—3 BLAND. 9

was continued until 1814, when it was first omitted, and does not
afterwards appear among the docket entries in the several contin-
uances of the case; but that the name of Stephen Casenave ap-
pears in all the continuances of the ease on the docket, and in all
the answers and proceedings, where the title of the action is set
forth, as one of the existing plaintiffs. That the petitioner on the
23d day of September, 1830, obtained letters of administration de
bonis non, of all the goods, chattels and credits which were of the
late Stephen Casenave. That the defendants Thomas Smyth, John
Heathcote, James Dall, and James Clayland, are also dead; but no
suggestion or other notice of the death of any of those defendants
was made in the case, nor any process issued or proceeding had
to make their representatives parties, or to make the representa-
tives of the plaintiff Casenave parties; and that the Court thus re-
mained wholly uninformed of the death of the plaintiff Casenave,
and of those defendants, while sundry proceedings were had to
bring the case to a final hearing; and it was submitted for deci-
sion before full and competent testimony in support of the equity
set forth in the bill was obtained.

*The petition further stated, that the dissolution of the
injunction, by enabling the surviving defendants to issue ex- 18
ecutions at law on the judgments rendered more than thirty years
ago, which have been levied on lands whereof the plaintiffs in the
bill, or one of them, were or was seized at or since the time of
their rendition, and long since sold for a valuable consideration to
bona fide purchasers without actual notice, would cause great
and irreparable injury to such purchasers, if an opportunity
should not be given to them to be heard and to produce testimony
in support of the injunction. In particular as regards the creditors
of Casenave, whose interest it is the duty of the petitioner to
protect; and who, if this decree be allowed to stand as final, will
be deprived of the value and proceeds of a large tract of land in
the State of Kentucky, to which they would be entitled, if the in-
junction were made perpetual, as appears by an award made in a
suit which was depending in Baltimore County Court, in which
Samuel Moale, trustee of James Walker, an insolvent debtor, was
plaintiff, against Robert Walsh defendant, which award is in these
words,

" We find that the said Robert Walsh the defendant, is indebted
to the said Samuel Moale the plaintiff, trustee of James Walker,
the surviving partner of the firm of Casenave & Walker, in the
sum of $6,509.16, current money of the Ignited States; and we
do hereby award and order, that the said defendant shall pay to
the said plaintiff the said sum of $6,509.16, within six months
from the date hereof. And we do further award, that the said
Robert Walsh, shall, by a good and sufficient deed, convey and
make over unto the said Samuel Moale, trustee as aforesaid, his