CRAPSTER v. GRIFFITH. 17

10th October, 1819,—KILTY, Chancellor.—DECREED, with the
assent of the parties, that the auditor state an account between the
parties, upon the evidence in the cause, or such other evidence as
shall be produced by either party; reserving, nevertheless, all
equity, as the right of the party to claim an account, until the
final hearing.

————

On 17th of June, 1820, the auditor reported, that on the
application of the plaintiff, he had given notice as usual, that he
would attend, on a certain day, to take any further testimony; but
none having been offered, he had since carefully read and consi-
dered the proceedings and the testimony already had; and having
first prepared from them the estimates accompanying this report, he
had stated an account between the parties, wherein the defendant
is charged with the value yearly, according to the estimates of the
services of the negroes heretofore allotted to the complainant; that
is to say: from the 19th of December, 1813, to which time the
first account was carried, until the 30th of November, 1816, when
they were delivered; and with interest as usual. And he is cre-
dited for the board, &c. of the complainant's wife from the 9th of
January, 1809, when the allowance therefor, in the first account,
was discontinued until April following, when, it is now proved,
she left the defendant's house—for the services of Negro Maria,
according to the estimate from that time until she was returned to
him—for the expense, according to an estimate, of raising the
negro child Hanson, until the 30th of November, 1816—for one-
half the expense, also, of raising the negro children Alfred, Cuffee,
and Eliza, from the 19th of December, 1813, until they respec-
tively attained the age of seven years—for a sum paid the commis-
sioners for dividing certain lands of Capt. Philemon Dorsey, and
for interest; leaving due to the complainant a balance of $291 77,
with interest thereon from the 19th of December, 1819, until paid.

The auditor further states, that he could not make any allow-
ance for the nine and three-quarters acres of land; because of the
absence of testimony, from which its annual value might be esti-
mated. For expenses of raising the young negroes heretofore, as "
aforesaid allotted to the complainant, he makes no allowance;
because the account then taken, up to the 19th of December, 1813,
was predicated upon an assumption, that the negroes of Vachel
Dorsey were indisputably worth yearly the interest of the sum at
which they were appraised, over and above the expense of raising