CRAPSTER v. GRIFFITH. ^

The decree of the Chancellor having been reversal, and the
remanded to this court, with orders to execute the decree of the
Court of Appeals; the auditor was directed to Hate an account
accordingly, with a view to enable this court to perform the duty
prescribed to it; which accounts the auditor finally stated and re-
ported on the 20th of September, 1826. The substance of the
exceptions taken to the accounts thus reported is, that neither the
one nor the other of them conforms to the directions of the Court
of Appeals.

The solicitors have allowed themselves to take a retrospective
and large view of this case; and have thence argued, that the
decree of the Court of Appeals cannot be taken in its literal sense;
because it would, if so taken, produce the grossest injury to one ;
do complete justice to neither of the parties; and in no way cover
the whole case upon which the court was called upon to adjudi-
cate. For, by giving to the plaintiff nothing more than a bare
moiety of the three negroes born of Lucy and Milly, he would lose
his share of their hires and profits until they are divided, or sold,
and delivered up. And by giving to the plaintiff the entire value
of the labour of the other negroes, as specified, the defendant
would be excluded from credits and deductions to which, from the
nature of the whole case, he is most manifestly entitled. But this
court cannot permit itself to indulge in any such wide range of
review, or great latitude of construction.

When a decision is adduced as a precedent, affording evidence
and illustration of the principles of equity, which it is urged should
govern a new case, then under consideration, unless the rule be
unambiguous and clear, it is certainly fit and proper to attend to
all the circumstances upon which it is founded; and also to under-
stand the reasons and arguments by which the mind of the court
was brought to the conclusion which has been recorded as its
judgment. Because in such instances the only object is to ascer-
tain what is the law applicable to the case under consideration,
which law does not consist in particular cases; but in general
principles which run through and govern them. The principle is
the thing which is to be extracted from cases, and to be applied to
other cases, (c)

(c) Rust v. Cooper, Cowp. 633. Walpole v. Cholmondely, 7 T. R. 148. Brown-
ing v. Wright, 2 Boz. and Pul. 24. Silk v. Prime, 1 Bro. c. c. 138, n. Perry v.
Whitehead, 6 Ves. 54. Morgan v. Morgan, 5 Mad. 410.