14 CRAPSTER v. GRIFFITH.

It is further DECREED, that the defendant Lyde Griffith, pay to
the complainants their costs, amounting, as taxed by the register,
to $224

The defendant appealed, and the Court of Appeals, at June
term, 1816, affirmed the decree.

After which the plaintiffs, by their petition, stated that although
they had given the defendant notice thereof, he had not complied
therewith. Whereupon they prayed process to enforce obedi-
ence, (6) upon which it was, on the 26th of June, 1816, ordered
that an attachment issue as prayed; and it was issued accord-

ingly. The defendant, on being taken into custody and brought before
the court, put in his answer on oath, in which he admits, that he
had been served with a copy of the affirmed decree as set forth;
but he states, that it was agreed that they should have a meeting,
at another time and place, when the terms of the decree should be
complied with on both sides; and the plaintiffs then admitted, that
they had in their possession property to which the defendant was
entitled, which they promised to deliver up; and they also admit-
^ ted that the defendant was entitled to credits which had not been
given to him; that the defendant attended for some hours on the
day, and at the place appointed, and the plaintiff not appearing, he
went home, soon after which the plaintiff came to the defendant's
house, having the negro girl, mentioned in the decree, with him,
for the purpose, as he said, of delivering her up; and soon after
they went upon the land in the possession of Thomas Henry, a
tenant of the plaintiff's, when the plaintiff pulled down a part of
the fence, rode into the field, and desired the defendant to take
possession of the land, if he knew where it was, observing, that a
part of. it was in that field, and another part in woods; that the
plaintiff did not pretend to deliver possession of any particular
part, or to turn his tenant out of possession, who then persisted in
holding possession until the expiration of his lease in November fol-
lowing; the plaintiff soon after went off, taking with him the negro
girl; that the plaintiff has been enjoined by this court not to dis-
pute die possession of his tenant. That the defendant is a citizen
of, and resides in Montgomery county, which has been the place
of his residence for several years; and the attachment was served

(b) 1785, ch. 72, s. 25, repealed by 1818, ch. 193, s, 4.