LINGAN e. HENDERSON.

But there has been no final settlement of accounts between James
M Lingan and John Henderson. The partnership between them
was dissolved in 1807, and the books of the concern delivered to
James M. Lingan, as surviving partner, after the death of John
Henderson in 1809, for the purpose of collecting the debts of the
partnership; that John Henderson received none of the profits of
the partnership; and she thinks it may possibly be shewn, that
James M. LAngan was considerably in debt to the concern. The
defendant Lydia further answering, says, that she does not know
what price was agreed on between Lingan and Henderson for the
land mentioned in the deed; but admits, that John Henderson had
the possession and enjoyed the profits of it to the time of his death,
which happened on the 27th of January, 1809; that she does not
know of Henderson's having acknowledged, after the execution of
the deed, that he had not paid for the land; that he was unable
to pay for it, and that he insisted that Lingan was, by the contract,
to take it back in case Henderson was unable to pay for it. But she
admits that John Henderson and James M. Lingan died as stated
in the bill, and that the plaintiff's claim is disputed at law by her
as administratrix. The defendant David English saith, that he
hath no knowledge of the matters charged in the bill, and there-
fore can neither admit or deny them.

It appears by the affidavit subjoined to this answer, that it was
sworn to before a justice of the peace of Washington county, in the
District of Columbia, by both of these defendants, David English
and Lydia his wife; and added thereto is a certificate by the
clerk of that county, that the person before whom the oath was
taken, was at the time duly commissioned and qualified as a justice
of the peace. After the coming in of this answer, the plaintiffs
filed a certificate of the clerk of the editors of the National Intel-
ligencer, annexed to a printed copy of the order of publication,
stating that it had been published as required. The plaintiffs then
fey petition prayed, that a commission might be issued to the persons
therein named by them to take testimony, &c.

29th July, 1822.—JOHNSON, Chancellor.—Ordered, that a com-
mission issue to the persons named as commissioners, unless the
defendants shall name and strike commissioners, on or before the
20th day of August next.

Ho one having appeared to name and strike on behalf of the
defendants, a commission was issued as directed, on the 8th of