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130 SALMON v. CLAGETT.
agreement Salmon took possession of the goods, and pro-
ceeded to collect the debts due to Thomas Clagett.
The plaintiff further alleges in his bill, that he did not know
what number of negroes, horses, and cattle had been conveyed to
him by the mortgage; that he had reason to believe and therefore
charged, that the defendants, having it in their power, contem-
plated and designed to sell and dispose of part, or the whole of
the said property, with a view to defeat his lien; that a discovery
of the specific property intended to be conveyed to him by the
mortgage, was necessary and material for the protection of his in-
terest; that a decree for a foreclosure of the mortgage, or a sale
of the said property, could not be had before the first of October,
1830, before which time, he was apprehensive that the defendants
would sell, dispose of, conceal, or remove the whole, or a part of
the said personal property, and thus jeopardize a part of his
claim; and that the goods, wares and merchandise, and debts
transferred to him by the agreement of the 26th of May, 1828,
would be wholly inadequate to the full payment of his claim; and
would leave a balance due to him of eight thousand dollars.
Upon which he prayed a discovery of the mortgaged property, and
for an injunction, prohibiting the defendants from selling, dispos-
ing of, removing or concealing the whole, or any part of the per-
sonal property of the said William Clagett, deceased, until further
order of this court.
Whereupon, an injunction was granted as prayed, and issued
accordingly.
After all the defendants had answered, they filed and pro-
pounded an interrogatory to the plaintiff, asking him whether the
original agreement, of the 26th of May, 1828, as exhibited and
filed with the answer of Thomas Clagett was not the real agree-
ment entered into on the one part by Salmon as stated.
3d September, 1828.—BLAND, Chancellor.—Ordered, that the
plaintiff Charles Salmon, make a full and sufficient answer to the
foregoing interrogatory on or before the first day of October next;
provided, that a copy of this order, together with a copy of the
said interrogatory, be served on him on or before the thirteenth
of the present month.
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In obedience to which the plaintiff, by his solicitor, said,'the
complainant answers to the foregoing interrogatory, yes,' This
answer was received without objection.
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