HOYE v. PENN 37

The plaintiff, John Hoye, on the 1st of February 1821, filed his
petition, on oath, in which he stated, that he had agreed with the
plaintiff, Stoddart, that he, Hoye, should be at all the trouble and
expense of prosecuting this suit; and also another suit against
Lloyd Beall, in which these plaintiffs were jointly interested; and,
that he, Hoye, should be remunerated for all his expenses; and,
also be allowed for his trouble a reasonable commission upon
whatever should be recovered; and, that he had accordingly pro-
secuted those suits; and had, for that purpose, expended in vari-
ous ways the sum of $1154 40; that Stoddart, after the agreement
with this petitioner, had assigned all his interest in those suits to
Charles Gassaway, who had refused to contribute my thing towards
the expense of prosecuting them; that Gassaway was dead, leaving
William Darne and Charles Gassaway his executors; that Stoddart
was dead intestate, and no administration had been granted on his
estate; and, that the auditor, in the account reported by him, had
awarded the amount claimed by the plaintiffs to them jointly,
without making any division of it between them. Whereupon
the petitioner prayed, that this his separate claim might be allowed
out of the amount so awarded to the plaintiffs jointly, &c.

At the same time the executors of the late Charles Gassaway,
filed their petition, claiming the one half of the amount of the pro-
ceeds which had been awarded to the plaintiffs, for their testator,
who was the assignee of the plaintiff Stoddart.

3d February} 1821.—KILTY, Chancellor.—On considering the
above petition, it is Ordered, that the auditor state the claim of the
petitioner, (Hoye,) giving notice and taking evidence in the usual
manner. The application of the proceeds under the order of
March 1819, (as to the petitioner and C, Gassaway's executors,) to
be suspended till further order. The order to be made on the above
petition, (by Gassaway's executors,) will depend on the decision on
the petition filed by J. Hoye.