464 MURDOCK'S CASE.

There is not, therefore, now, nor has there been at any time de-
pending in this court, as is alleged, two suits between these parties
having the same object.

Whereupon, it is Decreed, that Elizabeth Murdock, administra-
trix of Gilbert Murdock, deceased, pay to the plaintiff the sum of
$500, with interest thereon from the 27th of February, 1824, until
paid, and the costs of this suit on or before the 2d day of Novem-
ber next. And that on the said mortgage debt and costs being
paid, the plaintiff convey to the defendant all the term of years yet
to come in the lots in the proceedings mentioned. And on the
defendant failing to pay, as ordered, then the mortgaged property
to be sold for ready money, &c. &c.

From this decree the defendant appealed, and on the 25th of
June, 1828, it was affirmed, with costs.

The trustee made sale of a part of the mortgaged property, as
directed by the decree, and reported (hat he had sold the leasehold
lot to the plaintiff on the 31st of July, 1828, for the sum of $20,
which sale was finally ratified. The purchaser William Brewer
then filed his petition, praying that the trustee might be directed to
set.off the purchase money against so much of his, the plaintiff's,
claim, except the commissions which he had paid, and that Eliza-
beth Murdock, the defendant, who held the property, might be
ordered to deliver it up to him.

10th October, 1828.—BLAND, Chancellor.—Ordered, that the
account between the purchaser and the trustee be adjusted as
prayed. And it is further Ordered, that the said Elizabeth Mur-
dock forthwith deliver the possession of the property in the petition
mentioned, unto the said William Brewer, or shew good cause to
the contrary, on the 23d instant. Provided that a copy of this
order, together with a copy of the foregoing petition, be served on
the said Elizabeth on or before the 14th instant.

No cause having been shewn, an injunction to deliver possession
was ordered and issued; which having been returned, but not
having been obeyed, on the 31st of October, 1828, a habere facias
possessionem was, on motion, ordered, by virtue of which, the
purchaser was put into actual possession.

The trustee further reported that he had sold forty-four acres of
land, being another parcel of the mortgaged property, upon con-
dition that if the purchaser did not pay, as required, on the day of