GOODBURN VS. STEVENS. 433

her, stating, that they had been, on the contrary, anxious for it;

and admitted the improvements charged in the bill, but pre-
sumed complainant could not object to them, as the estate did
not descend to her. The defendants further stated, that the
personal property belonging to the partnership at the death of
Hayes, was used and consumed in the course of business; they
denied that there would be any balance due to Hayes on a
settlement, (as the expenses of the concern, which were great,
were by consent paid out of the profits to save the realty,) or
that there had been any division of the profits since his death.
The defendant also stated, that Hayes had been the active
manager of the firm, for which he received a salary, that he had
drawn his proportion of the profits, and was at his death in-
debted to the firm; and objected to the appointment of a re-
ceiver.

At July term, 1830, exceptions to the answers were filed by
the complainant, and a motion to dissolve the injunction was
made by the defendants. On the 2d July, these exceptions
were overruled, but the injunction was dissolved, so far as it
prevented the defendants from using the deceased's portion of
the partnership property.

In August, 1841, Mrs. Hayes, having in the meanwhile in-
termarried with Joseph Goodburn, proceedings were instituted
by which he was made a complainant in the cause, and on the
31st of the same month, a decree was passed, by consent, in a
creditor's suit instituted by Sewall and others against said S.
Hayes and others, for the sale of the partnership property men-
tioned in these proceedings, and appointing a trustee for that
purpose.

At different times previous to July term, 1844, this cause
was, by order of the Chancellor, consolidated with two other
cases affecting the partnership property, one of which was the
said case of Sewall et al. vs. Hayes, et al., whereby the
assignees of William Scale's mortgage and the creditors of the
partnership were made parties hereto; and at the said term
the Chancellor passed a decree in all three of the consolidated
cases for a sale of all the property for the benefit of all parties,