ANDREWS v. SCOTTON. 661

affect the plaintiff's claim, or their proceedings against the realty,
founded upon their equitable lien, it may be suffered to stand; and
the case be allowed to proceed in all other respects; and for that
purpose it will only be necessary to appoint some person to take
the place of the deceased trustee.

Whereupon it is Ordered, that James Boyle be, and he is hereby
appointed trustee, to carry the decree into effect; and in all re-
spects he will be governed by, and pursue the directions of the
decree in the same manner as if originally appointed trustee.

The surveyor, John W. Duvall, by his petition filed on the 3d
of October, 1827, stated, that there was then due to him from each
of the parties the sum of $15 for the survey made by him under
the order of the 8th of January, 1823. Whereupon he prayed,
that the trustee Boyle, and Samuel Anderson might be each of
them ordered to pay him that amount.

3d October, 1827.—BLAND, Chancellor.—Ordered, that James
Boyle, the trustee, pay to John W. Duvall the sum of $15 for his
services, as stated in his petition. And it is further Ordered, that
Samuel Anderson pay to John W. Duvall the sum of $ 15 for his
services as above stated; or that they, Boyle and Anderson, shew
cause to the contrary on the first day of November next. Pro-
vided, that a copy of this order be served on each of them before
the fifteenth day of the present month.

The trustee Boyle, on the 2d of November, 1827, filed his
answer shewing cause against this order; in which he states, that
although he admits, that the services were performed by the sur-
veyor, and that his charge is reasonable; yet he did not render his
account to the register until the 3d of October, 1827; that in
consequence of this neglect the register in taxing the costs, set
out in the record, transmitted to the Court of Appeals, had not
included the fees now claimed by the surveyor; that a fieri facias
was issued against Anderson from the Court of Appeals for the
costs, and charges of the two courts as taxed by the register and
clerk; that it would be unjust, that the estate of Stephen Scotton
should have to pay these fees, now claimed by the surveyor
without having any resort to Anderson, as the fieri facias so
issued from the Court of Appeals has been fully satisfied.

The time of hearing this matter hating been enlarged, Anderson
84 T.2