504 HODGES v, MULLIKIN.

on the 7th of April 1810, conveyed certain real and personal estate
to the defendant Mullikin and Benjamin Harwood, who is since
dead, and to the survivor of them, in trust for the purposes therein
mentioned; and that afterwards, on the 13th of March 1817, the
defendant Harwood mortgaged the same property to the plaintiff,
which mortgage debt was then due and unpaid: whereupon it was
prayed, that the mortgaged property might be sold, &c. The
defendants put in their answers; and, on the 2d of May 1825, a
decree was passed ordering the mortgaged estate to be sold, &c.

On the 25th of August 1828, the defendant Mullikin filed his
petition, on oath, setting forth particularly all the circumstances of
his case : upon which he prayed for leave to file a bill of review, &c.

27th August, 1828.—BLAND, Chancellor.—Ordered, that the
matter of the aforegoing petition stand for hearing on the thirteenth
day of September next; and each party is authorized to take tes-
timony, before any justice of the peace, to be read at the hearing,
on giving to the opposite party three days notice as usual. Pro-
vided that a copy of this order, together with a copy of the said
petition, be served on the complainant on or before the fifth day of
September next.

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Under this order testimony was taken and returned; sundry
documents were filed in relation to the matter of the petition; and
the case was thus brought before the court.

10th October, 1828.—BLAND, Chancellor.—The matter of the
petition of the defendant Mullikin standing ready for hearing, and
the solicitors of the parties having been fully heard, the proceed-
ings were read and considered.

It appears, that the defendant Thomas Harwood was indebted to
the State, and also to several individuals; for the payment of
which debts, the late Benjamin Harwood and the defendant Mulli-
kin^ had become bound, by bond or by promissory notes, as his
sureties; and that, for the purpose of saving harmless these his
sureties, he executed a deed, on the 7th of April 1810, by which
be conveyed certain real and personal property to them, and the
survivor of them, in trust for the payment of those specified debts
for which they or either of them were bound as his surety: and,
in case either of those debts were not paid, within five years from
liiat day, with power to sell the whole, or so much thereof as
might be necessary to satisfy them. After the execution of this deed
of trust, this Thomas Harwood being indebed to the plaintiff Hodges,