96 HIGH COURT OF CHAMCERY.

the cause, demurred, amongst other things, to this prayer of
discovery; on the ground, that the complainant had no right to
compel the defendants to a disclosure of their titles.]

THE CHANCELLOR:

It seems to be the well established rule of the court, that the
right of a plaintiff in equity to the benefit of the defendant's
oath, is limited to a discovery of such material facts, as relate
to the plaintiff's case, and does not extend to a discovery of
the manner in which, or the evidence by means of which, the
defendant's case is to be established, or to any discovery of
the defendant's evidence. 1 Daniel's Prac., 645, 646.

If, to be sure, there is a privity shown between the title of
the plaintiff and defendant, that priority may give him the right
to call for an exposure of the defendant's title; but unless such
connection with his own title is shown, he has no right to call
for a discovery, or production of the title of his adversary; and
this, whether the bill be for discovery only, or for discovery and
relief. Story's Eq. PI., sec. 572; Daniel's Prac., 647.

The rule as laid down by Judge Story is, "that a party has
no right to any discovery, except of facts and deeds, and writ-
ings necessary to his own title, or under which he claims; for
he is not at liberty to pry into the title of the adverse party."
2 Story's Equity, sec. 1490.

Upon an examination of this bill, I am of opinion, that there
is not that immediate connection and privity, if indeed there be
any, between the titles of these plaintiffs and defendants, as war-
rants an application for the production or discovery of the title
of the latter. The title of the plaintiffs is stated distinctly, and
does not appear to be at all dependent upon or connected with
that of the adversary, and, therefore, it seems to be an attempt
without necessity, to pry into the title of the latter, in opposi-
tion to the fixed rule upon the subject. The bill does not al-
lege that the plaintiff's tide is at all complicated with, or at all
dependent upon, that of the defendants; or that the former will
have any difficulty in establishing their right, without an ex-
posure of the title of those from whom the discovery is sought;