CRAPSTER v. GRIFFITH. 19

to all equity that he should now be allowed for the hire of those
negroes; seventh, because credit is not allowed the defendant for
the two negroes, Walter and Mary, who had died before the for-
mer decree; and eighth, because no allowance had been made to
the defendant for the expense of raising the young negroes, born
since the death of Vachel Dorsey, which have been allotted to the
complainant.

12th January, 1821.—KILTY, Chancellor.—This suit being
ready for hearing, was argued by counsel on each side, on excep-
tions to the auditor's report, and on the equity reserved by the
interlocutory decree made by consent of the parties.

On considering the proceedings, I have formed the following
opinions on the case; first, that the decree in the suit by Crapster
and wife, against Griffith, as affirmed by the Court of Appeals, is
conclusive and cannot be opened for either party; secondly, that
the negroes born after the close of the commission, ought to have
been brought in by a supplemental bill, and cannot be sued for by
a new bill, having been in esse before the decree; and thirdly, that
the value of the labour of the negroes, from the time of the audi-
tor's statement, ought not to be allowed in this suit, it being a
subject proper either for the Court of Appeals, in the nature of an
increase of damages, or interest; or for a suit on the appeal bond.
There is also a prayer in the bill for a conveyance of certain lands
taken up, concerning which nothing was said in the argument;
and there is no ground for a decree.

DECREED, that the bill be dismissed with costs, to be taxed by
the register.

From this decree the plaintiff appealed, and the case having
been carried up to the Court of Appeals, and the solicitors of the
parties fully heard there.

12th July, 1823.—By the Court of Appeals.—DECREED, that
the decree of the Court of Chancery be reversed with costs in that
court and, in this. Decreed, that the appellant is entitled to one
moiety of the negroes, born of Lucy and Milly after the execution
of the commission, and before the passing of the decree in the suit
brought by the appellant and his wife, against the present appellee
in the Court of Chancery, and which is referred to and made part of
the bill of complaint in this cause; and that the appellant is entitled
to recover the value of the labour of the negroes assigned to him
by said decree, from the date of the auditor's statement, to wit: