180 WINDER v. DIFFENDERFFER.

tition of all the property in the proceedings mentioned as described
except the lot of ground at the corner of Baltimore and Calvert
streets in the city of Baltimore, which would not, in their opinion
admit of division; and that the interests of the parties required
that it should be sold. Whereupon the parties, by an agreement
in writing, consented that it should be sold as recommended.

26th July, 1828.—BLAND, Chancellor.—Decreed, that the lot of
ground at the corner of Baltimore and Calvert streets, as mentioned
in the return of the commissioners, be sold; that John Glenn and
George Winchester be appointed trustees to make the sale, &c. the
terms of which shall be, one-fifth part of the purchase money to be
paid in sixty days from the day of sale, the other four-fifths within
six, ten, fourteen, and eighteen months from the day of sale, with
interest on each instalment from the day of sale, to be secured by
bonds with approved surety, &c.

Under the decree of the 7th of April, the parties took; and, on
the 2d of September returned the depositions of sundry witnesses,
and among them, that of the defendant John Diffenderffer, who
consented to be examined as a witness on behalf of the plaintiffs,
And the trustees, under the decree of the 26th of July reported,
that they had made sale of the lot of ground, therein mentioned, to
John Clarke for the sum of $27,200; which sale, after publication
of the usual order unless cause shewn, was absolutely ratified on
the 25th of November, 1828. And the distribution of the proceeds
thereof, as stated by the auditor, was ratified on the 10th of De-
cember of the same year.

13th October, 1828.—BLAND, Chancellor.—Decreed, that the
return of the commissioners and the partition by them made be
and the same is hereby ratified and confirmed.

And it is further Decreed, that William S. Winder and Araminta
Winder his wife, in right of the said Araminta Winder, shall hold
in severalty and not jointly with the other parties to this suit, one
third of the real and leasehold estate within the lines of Gallow
Barrow and Rogers' Inspection, of the estate of Charles Rogers
deceased, and which is particularly designated and described by
commissioners in their said return as follows, &c.: (So in like
form as to the others).

And it is further Decreed, that each of the before mentioned par-
ties, among whom the property and estate herein before mentioned,
has been divided; and to whom it has been adjudged to be held
in severalty by this decree, pay his or her own costs, to be taxed