BURCH v. SCOTT. 117

this plaintiff, William Scott, remained under this impression, with-
out the slightest intimation of the answer's having miscarried, till,
to his utter astonishment, he found there had been a decree against
him, followed by execution: and when he communicated to his
counsel the fact of his property having been seized by the sheriff,
lie was utterly at a loss to comprehend how it could have been
brought about; having only heard, a short time before, of ite mis-
carriage of the answer, and not dreaming that there could have
been a decree, till writing to the register of this court for informa-
tion, he was certified of the fact.

Walter Jones, the counsel of William Scott, in an affidavit made
by him and filed with this bill, confirms what is stated by Scott, as
to his being called on at Annapolis, and followed to Washington,
where he states, that Scott remained with him until he had drawn
Ms answer, and it was sworn to by him, before a magistrate;—that
finding the package so large as to make the transmission of it by
mail very expensive, he, Jones, sent his servant to the stage office
to inquire whether there were any passengers for Annapolis in the
stage of the next day; who returned with an answer, that he had
found a gentleman who would take charge of the packet; upon
which he delivered it to him very securely sealed up, and directed
to the Register of the Court o£ Chancery at Annapolis; with a
note, requesting him to file the answer, &c., and enter a notice to
dissolve, He does not recollect that his servant named the person
to whom he delivered the packet; if he did, he has forgotten it
He had frequent conversations afterwards with Mr. Key, about ap-
pointing a day mutually convenient for them both, to go to Anna-
polis to argue the cause. He rested without doubt or apprehension

of the answer's being regularly filed, and does not remember when
he experienced so great a surprise, as when ha heard of the decree
in the cause.

These plaintiffs, by this bill, pray, that this plaintiff, William

Scott, may be permitted to put in his original answer, plea, &c, to
the original bill, &c,, and that these other plaintiffs may fee admitted
as parties to the proceedings, as they are parties in interest, and to
answer and defend, &c.; that the case may be heard upon all and
singular the allegations, matters and things in this their supple-
mental bill, in the nature of a bill of review, alleged and contained,
at the same time, that it is re-heard upon the original bill; that
these plaintiffs may be restored to their original situations respec-
tively, before the issuing of the commission and the making of the