JONES v. MAGILL.

answered, (g) And for the purpose of apprising the defendant of
those special terms, upon which the injunction has been granted,

(g) JENIFER v. STONE.—This bill was filed on the 29th of June, 1809, by Daniel
of Saint Thomas Jenifer, administrator of Daniel Jenifer, deceased, against Travers
Daniel, John M. Daniel, and Michael J. Stone, surviving executor of Thomas Stone.

The bill states, that the defendant Michael, the surviving executor, had, on the
23d of October, 1806, obtained a decree in this court against the intestate of this
plaintiff, for the sum of £1119 3s. Id.; that the defendant Michael's testator left
two daughters, his only children and heirs; one of whom, Mildred, married the
defendant Travers Daniel, and the other, Margaret, married the defendant John M.
Daniel; that these defendants, Travers and John, after their marriages, on the 13th
of January, 1798, entered into a covenant with the executors of the late Thomas
Stone, of whom the defendant Michael is the survivor, by which they, as executors,
were to be saved harmless from the demands of the creditors, and discharged from
all liability to the representatives of their testator; and they, Travers and John, were
to use the names of the executors, for the purpose of collecting and recovering all
sums due to their testator; that this plaintiff's intestate was warned not to pay the
amount of the decree against him to this defendant Michael; in consequence of which,
and being assured, and believing, that the whole amount was properly payable to
these defendants, Travers and John, he paid in part satisfaction of the decree, the
sum of three hundred pounds to the defendant Travers; that this plaintiff has dis-
covered, from the books of account of his intestate, that there is a large sum due from
the defendant Michael to him; that the defendant Michael had caused a fieri facias
to be levied on the estate of this plaintiff's intestate, without giving- credit for the
amount of the book account; and had only agreed, that the payment of three hundred
pounds should be suspended until he should know tKe result of a suit instituted, in
this court, against him by Alexander Scott, for the recovery of a debt alleged to be
due from his testator; and if that debt was recovered, that then he, Michael, would
cause the whole amount, including the three hundred pounds, to be levied under the
fieri facias; and it was in conclusion stated, that the defendants, Travers and John,
then resided in the State of Virginia. Whereupon the plaintiff prayed for an injunc-
tion to stay the proceedings upon the execution, and for general relief. The bill was
sworn to by the plaintiff.

29th June, 1809.—KILTY, Chancellor.—The Chancellor, after some hesitation and
doubt on the subject, has determined to order the injunction as prayed. There would
have been less room for doubt, if the former complainant, M. J. Stone, had insisted on
levying, at this time, the whole sum, without allowing for the 300 paid to T. Daniel;
but, inasmuch as the bill alleges, that although that sum is, for the present, suspended,
the said M. J. Sione declares, that he will hereafter levy it, if necessary; and it is a rule
of this court not to suffer a creditor to proceed to the recovery even of what is due,
when he demands also what is not due; the injunction is ordered on that part of the bill.

The Chancellor does not consider the debt stated to be due from M. J. Stone to
Daniel Jenifer, to be sufficiently established from the appearance of the books; nor
is he satisfied, that it is proper to be discounted in this case.

On account of the distant residence of the defendants, T. and J. M. Daniel, a mo-
tion to dissolve the injunction will be heard without their answer.

Alter which the plaintiff, by his petition, prayed for leave so to amend his bill as
to aver, that his intestate had paid to this defendant, Travers Daniel, through his
solicitor, in further part satisfaction of the decree, the sum of $120, the vouchers of
which payment this plaintiff had discovered since the filing of his bill.