286 LINGAN v. HENDERSON.

he eannot resort to the answer of the defendant, the proof taken
in the case, or any extraneous matter to supply the defect ,(h) for
no evidence can be received which is not applicable to some one
of the material allegations of the bill ;(i) but in order to remove
any doubt as to what was intended by any indirect or ambiguous
charge in it, its interrogating part, as well as its prayers for relief,
may be material and proper to be considered for that purpose, (j)

The principal facts of which this case is composed, as set forth
by the bill, and upon which alone the plaintiffs can have any claim
to relief, are few and clear. They are these:—James M. Lingan,
in May 1807, conveyed four hundred and twenty acres of land to
John Henderson, in fee simple, who then, or at any time after, gave
no valuable consideration for it, but having obtained possession,
retained it until his death. Which land Render son was to account
for with Lingan, either by holding it in trust to be reconveyed to
Lingan, or by holding it as a purchase, and paying for it at the rate
of thirteen dollars and thirty-three and one-third cents per acre, with
interest thereon commencing one year after the day of sale; but
which purchase money has not been paid: of which facts the
plaintiffs, having no positive proof, sought a discovery from the
defendants. Some years after entering into this contract, John
Henderson died intestate, leaving a considerable estate, which
passed into the hands of the defendants as his legal representatives.
James M. Lingan also thereafter died, leaving the plaintiffs his
legal representatives. These are all the material facts-stated in the
bill.

After a plaintiff has thus distinctly set forth the facts of which
his case is constituted, shewing it to be one which may properly
be brought within the cognizance of a court of equity, he may
then proceed, in his bill, to specify and ask for that kind of
relief to which he thinks himself entitled. But if he expressly
specifies the relief which he proposes to obtain, and prays for none
other, either generally or specially; and the law will not allow the
court to give relief of that kind, or the peculiar nature of his case
will not warrant the granting of any such relief, then he cannot be
relieved at all, unless he consents to amend or alter the prayer of

(h) Hovenden v. Annesley, 2 Scho. St Lefr. 688; Kemp v. Pryor, 7 Yes. 240,
Wright v. Bumptrs, 8 Mad. 481; West v. HaU, 8 H. & J. 223.—(i) Chicot v. Lequesne,
$Ves. 817 5 Gordon v. Gordon, § Swan. 472.—(/) Muckleston v. Brown, 6 Ves. 62 ,
Saxton v. Davis, 18 Ves. 80.