362 DORSEY v. CAMPBELL.

bring into this court, to be paid to them, the sum of eight hundred
and twenty-two dollars and seventy-eight cents, with interest
thereon from the first day of December, 1822.

And it is further decreed, that the said Campbell and Ritchie do,

not be obtained, or there should be a deficiency, that the $1300 may be paid back.
As the proceedings stand under the amended bill, the Chancellor does not perceive,
that there is any defect of title, but is of opinion that justice may be done to the
parties by decreeing mutual conveyances, and also by compelling the complainant to
pay for the excess. A plot has been returned under the order of the court, by which
the excess appears to be 62 acres, making at $8, 0496. From which the $26 agreed
on being deducted the sum due is $470. No exception has been made to the survey
so returned; and therefore it is taken as the proper evidence for ascertaining the
quantity. The complainant Long, having had the use of this excess of land, a claim
for interest might on that account be made, but inasmuch as Gorsuch did not take
any measures to have the land surveyed and difficulties arose as to the title, it is
deemed improper to allow such interest.

It is thereupon decreed, that the complainant, John Long, do on or before the tenth
day of April next, pay to the defendant Richard Gorsuch, or bring into this court to
be paid to him, the sum of four hundred and seventy dollars, and that he pay legal
interest on the said sum from the said 10th of April 1815, if the principal should
not then be paid. And also that the said complainant John Long, do by a good and
sufficient deed to be executed and acknowledged according to law, convey to the
defendant, his heirs or assigns, all that messuage or tenement in the agreement exhi-
bited, dated the 8th of November, 1800, mentioned lying and being in that part of
the city of Baltimore, called Fell's Point, fronting thirty feet on Anne street, and
sixty feet on Lancaster alley, thence with the division line of said tract thirty feet,
and thence with a straight line to the first place of beginning of the first thirty feet.

And it is further decreed., that the defendants, Richard Gorsuch and John Gorsuch,
do by a good and sufficient deed to be executed and acknowledged according to law,
convey to the complainant John Long, in fee simple, two hundred and twelve acres
of land in Baltimore county, known by the name of Charles' Mistake, and the
Resurvey on Cockpit, the same being the land mentioned in the agreement of the
8th of November, 1800, as containing 150 acres, together with the excess of 62
acres, appearing on the survey returned to the court, the part called the Resurvey on
the Cockpit, being called therein Ellis' Folly. The said conveyance to be made on
the payment or bringing in of the sum of 470 dollars, with the interest thereon as
herein before decreed. The parties respectively to pay their own costs.

A copy of this decree having been served on the plaintiff as then required by the
act of 1785, ch. 72, s. 25, and the amount not having been paid by him; on the
petition of the defendant Richard Gorsuch, a fieri facias was issued in his favour,
against the plaintiff on the 31st of August 1816, which was returned by the sheriff
of Baltimore county, nulla bona.

The act of 1785, ch. 72, s. 21, declares, that in all cases the defendant may exhibit
interrogatories to the plaintiff, which shall be answered by Mm, &c. A similar
enactment in Kentucky has been so construed, that such interrogatories are in all
respects regarded as a cross bill, and as superseding the necessity of filing such a bill
as well in cases, like this, for a specific performance as in all others. Wilson v. Sod-
ley, 2 Litt. Rep. 57.