136 COALE v. CHASE.

said sum of lawful money being the value, and in satisfaction of
the legacy given by the late Thomas Hall to the late William W.
Hall, as in the proceedings mentioned. Decreed, that the defendant
and complainants each pay their own costs. Decreed, that the bill
of complaint be dismissed as to all the other defendants, with costs.

From this decree the defendant appealed, and on the 22d July,
1829, it was affirmed by the Court of Appeals.

COALE v. CHASE.

The allegations in the body of an answer, or plea, should be positive, otherwise the
issue would be joined on a mere statement of the belief of the parties, not upon
their allegations of fact. Yet to obtain a dissolution of an injunction, it is sufficient
that an executor or administrator, in stating facts, which from the nature of the
case, could only have been personally known to his testator, or intestate, should
say, that they are " as he is informed and verily believes," so and so. It is suffi-
cient if the affidavit be so absolute and positive, when taken in connexion with the
body of the answer, as to subject the party to a prosecution for perjury; if the
matters stated should be false.

This bill was filed in Harford County Court on the 13th of
October, 1826, by Skipwith H. Coale and Eliza Matilda Coale,
against Hannah Kitty Chase, in which it is alleged, that the plain-
tiff, Skipwith, had given his bond to the defendant Hannah for the
payment of the sum of five hundred dollars, upon certain trusts
and conditions, in favour of her daughter the plaintiff, Eliza; but
that the defendant Hannah, regardless of this their special agree-
ment, had brought suit against the plaintiff, Skipwith, upon the
bond, and obtained judgment. Whereupon the plaintiffs prayed
an injunction to stay execution, and for relief according to the
nature of their case. An injunction was granted as prayed. The
defendant filed her answer, and obtained an order under the act of
1824, ch. 196, to remove the case to this court, and the proceed-
ings were accordingly filed here on the 25th of November, 1826 ;
after which the defendant gave notice of her motion to dissolve the
injunction, and the case was brought before the court.

3d January, 1827.—BLAND, Chancellor.—This case standing
feady for hearing on the motion to dissolve the injunction, the soli-
citors of the parties were heard, and the proceedings read and con-
sidered.