LINGAN v. HENDERSON. 247

pass quare clausum fregity within three years ensuing the cause of
such action, and not after; and fhe said actions on the case for
words, and actions of trespass of assault, battery, wounding, and
imprisonment, or any of them, within one year from the time of the
cause of such action accruing and not after. And this defendant
saith, that neither he this defendant, nor to his knowledge or
belief the said John Henderson deceased, this defendant's father,
did at any time within three years before exhibiting the said bill or
serving, or suing out process against the defendant to appear to and
answer the same, promise or agree to come to any account for, or
to pay, or any ways satisfy the said complainants, or the said
James M. Lingan in the said bill of complaint mentioned, any sum
or sums of money, for or by any reason or matters, transactions or
things in the complainant's said bill of complaint mentioned,
charged, or alleged. All which matters and things this defendant
doth aver to be true, and is ready and willing to maintain and prove
as this honourable court shall award; and he doth plead the same
in bar to the whole of the said bill, and doth humbly demand the
judgment of this honourable court whether he this defendant
ought to be compelled to make any further or other answer to the

said bill."

To this plea there was subjoined an affidavit of its truth; but
there was no answer in its support denying the admissions and
acknowledgments charged in the bill. The plaintiffs put in a
general replication to this plea, and the case was thus, without the
defendants Sarah Henderson and Janet L. Henderson having appear-
ed, set down for final hearing, and the solicitors of the parties having
.been fully heard, the proceedings were submitted to the Chancellor
for his final determination upon the whole case, as before set forth.

4th May, 1827.—BLAND, Chancellor.—Having come to the
conclusion, that the land must be decreed to be sold for the pay-
ment of the purchase money, it is therefore ordered that this case
be and the same is hereby referred to the auditor to make a state
ment of the purchase money now due.

On the next day the auditor reported, that he had found due
from the estate of John Henderson deceased, to the estate of James
M. Lingan deceased, the sum of $11,924 14, with interest on
$5573 33, part thereof, from that time until paid,

8th May, 1827.—BLAND, Chancellor.—In whatever way this
case may be considered, it is necessary, in the outset, to dispose of