118 BURCH v. SCOTT.

said decree; that the said decree may, by the order of this court,
be opened for such re-hearing; that the execution of the same
may be suspended, and the said fieri facias countermanded by the
like order of this court; and that in general they may be relieved
according to the equity and nature of their case, &c. And in con-
clusion, a prayer for subpoena against the plaintiffs to the original
bill, &c., and an order of publication against those of them who
are non-residents.

16th November, 1825.—BLAND, Chancellor.—On hearing the
complainant's counsel, and considering the aforegoing bill, together
with the affidavit of the complainant's counsel therewith filed; and
the said William Scott having filed his bond with surety, approved
by the Chancellor, to abide by, and fulfil the order of this court in
the premises :—it is ordered, that subpoenas issue, and publication
be made, as prayed by the said bill. And it is further ordered,
that all further proceedings, in execution of the said decree of this
court, of the fourth day of August last, be, and the same are hereby
enjoined, suspended and countermanded, until the further order of
this court, as prayed by the foregoing bill.

On the 3d May, 1826, the defendants, Thomas Burch and others,
filed their answers, in which they admit, that their counsel had
been informed, shortly after the serving of the order of the 30th
March, 1824, that William Scott had filed his answer, and that it
had been proposed, that a day should be fixed on to go to Anna-
polis to try the cause; that their counsel wrote for a copy of Scott's
answer, and was informed that it had not been filed, which infor-
mation he communicated shortly afterwards, to Mr. Jones, the
counsel of Mr. Scott; that the same fact was again, after a con-
siderable interval, communicated to Mr. Jones, and also to William
Scott himself. And they further admit, " that there ought to have
been a credit entered for the sums mentioned in the decree of the
Orphans Court of Washington county, and which were to be
returned to Kinsey Gittings, on his giving up the property; or
rather, that the defendants were willing to admit a credit for those
sums, though, as they were tendered to Gittings in his lifetime,
and also to Scott, since his death; when the negroes were demanded
of him, and compliance with the said Orphans Court's decree
required, and they refused then to receive the same and give up
the negroes, and have since put the defendants to very great
expense in recovering their claim, they might well have been justi-