372 COLEGATE D. OWINGS* CAbfi.

health of one so advanced in years, and reduced by infirmities. The
relation however in which all the parties concerned stand to the
complainant will, it is believed, insure proper respect and attention
to her personal comfort and security. And the register is directed
to transmit a copy of this order to the solicitor for the defendant.

The taking of proofs and the hearing of this matter were seve-
ral times postponed at the instance of the plaintiff's solicitors; and
a further short delay having been granted by an order of the 29th
March 1827, the matter was soon after that brought before the court.

17th April, 1827.—BLAND, Chancellor.—The matter of the
petition to reinstate this case standing ready for hearing, the soli-
citors of the parties were fully heard; all the proceedings and
proofs were read; and the plaintiff, Colegate D. Owings, having
been brought into the presence of the Chancellor, he interrogated
and conversed with her as to the subject in controversy, and also
on various matters having a tendency toward, or connected with it.
All of which the Chancellor has deliberated upon and maturely
considered.

The case is of a peculiar and extraordinary nature. It is not
alleged, nor does it in any way appear, that at the institution of
this suit any thing was done that ought not to liave been done; or
that this proceeding was an improper one with a view to the rights
and interests of the plaintiff.(a) A cloud has been impended over
the title to the property mentioned in the proceedings, which
threatens to gather and thicken by delay. The means of dispersing
it, the proofs in relation to the controversy, may be more entirely,
readily, and cheaply obtained now than at any future period; there-
fore, justice as well as the peace and interests of all concerned,
seem strongly to require that the suit which had been begun should
be reinstated, and now prosecuted with as little delay as may he to
a final decision upon its merits, as prayed by the petition.(o)

The order for dismissing it was given before the return of the
commission for taking testimony; and, as it would seem, before all
the testimony, pertinent to the matter and within reach of the
parties, had been taken. For it appears, that some of the proofs
collected under the petition might be brought to bear upon the
principal case. I therefore deem it improper at this stage of the

(o) Wartoaby v. Wartnaby, Jac. Rep. 377.—-(b) 1 Coll..Idiots, 80; Holman v..
Holman, 3 Desau. 210.