178 JONES v. MAGILL

guardian, after her marriage, assigned those notes, and with them the
negroes conveyed to secure the payment of the note for $326 81,
which were worth more than that amount, to Magitt; that Magill
and Harding agreed with the plaintiff, that those negroes should be
applied to the payment of the note for $500, if they should be
more than sufficient for the satisfaction of the note of $326 81;
that the debt of $326 81, was afterwards settled between Harding
and Magill, notwithstanding which, Magill, on the 17th of October,
1823, by a bill of sale, conveyed those two negroes, John and
Westley, to Lloyd Gittings, in trust, for the use of the infant children
of Harding; he, Harding, being then insolvent; and that Magill
had brought suit, and obtained judgment against this plaintiff at
law, on the note for $500, upon which he had sued out and levied
an execution upon the property of this plaintiff. Upon which
the bill prayed, that the proceedings at law might be stayed
by injunction and for relief, &c. An injunction was granted
accordingly.

On the 16th of May, 1825, the defendant Magitt put in his
answer, in which he says, that the defendant (Sittings, as the
guardian of his, Magill's wife, passed a final account with the
Orphans Court; and among others, assigned to her the two notes,
as stated in the bill; that Harding, on the 28th of February, 1823,
delivered to this defendant, the two negroes John and Westley, in
full satisfaction of the note for $326 81, which sale and delivery was
fair and bona fide; that he afterwards hired those negroes to Harding;
that being moved by the poor and destitute situation of Harding,
whose wife is the sister of the wife of this defendant, he, Magill,
did convey those negroes in trust for the use of Harding's infant
children, as stated in the bill; and he denies, that he ever agreed,
that those negroes should be sold, and that the amount for which
they sold over the sum of $326 81, should be applied towards the
payment of the note for $500; that this defendant has been informed
by the defendant Gittings, and this defendant believes, that the late
Abraham Jones, the testator of the plaintiff, was not the mere surety
of the defendant Harding in the note for $500; but that Jones was
in fact the principal debtor, and that the money lent on that note
was received by him and appropriated to his own use, although
Harding's signature to it stood first in order; that in September,
1817, Harding, for money borrowed, gave his note to the Bank of
Westminster for $1000, with Abraham Jones, Alexander Warfield,
and Richard Beall, as his sureties; and, to save Warfield harmless,