CRAPSTER v. GRIFFITH. 25

bora of Lucy and Milly, who are admitted to be the three negroes
Alfred, Cuffee and Eliza.

A partition of personal estate can only be obtained in a Court of
Equity; and if the partition cannot be made in kind, this court
has the power to order a sale for the purpose of converting the in-
dividual property into money, so as to make a correct division of
the proceeds of the sale. These three negroes are incapable of a
partition into moieties; and consequently, the decree of the Court
of Appeals can only be carried into effect by a sale, which I shall
order accordingly, (e)

DECREED, that the account A, as made and reported by the
auditor, on the 20th of September, 1826, be and the same is
hereby ratified and confirmed; and the account B, together with all
the said exceptions in any manner impeaching the said account A,
are hereby rejected and overruled. Decreed, that the defendant
pay, or bring into this court to be paid to the complainant, the sum
of $824 43, with legal interest on $779 22, part thereof, from the
19th of December, 1816, until paid or brought in, together with
the costs of this court, and the costs in the Court of Appeals, to be
taxed by the register. Decreed, that the three negroes Alfred,
Cuffee and Eliza, in the proceedings mentioned, be sold, &c.
That Thomas S. Alexander be appointed trustee to make the said
sale, &c. That the terms of sale be ready money, &c.

From this decree the defendant appealed, and the case having
been carried up, and the solicitors of the parties having been fully
heard.

June term, 1831.—By the Court of Appeals.—DECREED, that
the decree of the Court of Chancery, passed in this suit, on the
thirtieth day of January, in the year eighteen hundred and twenty-
nine, be, and the same is hereby reversed with costs. That ac-
count B, reported by the auditor to the Court of Chancery, on the
20th September, 1826, be, and the same is hereby confirmed, and
all other accounts and statements inconsistent therewith, are hereby
overruled. And that Griffith, the plaintiff in error, pay to Crap-
ster, the defendant in error, the sum of six hundred and three
dollars ninety-three cents, with interest on four hundred and se-
venty-five dollars and seventy-one cents from the 19th December,
1825, until paid.

(e) Co. Litt. 197. Smith v. Smith, 4 Rand. 95.