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14 WALSH v. SMYTH.
of seven hundred and fifty pounds, unto a certain Richard Emory,
who hath commenced suit in his own name, as assignee of the said
Smyth, and at October term, in the year seventeen hundred and
ninety-eight, recovered judgment thereon against your orator in the
Western Shore General Court,' inserted after the words, :'for the
recovery thereof' (*}; and also the insertion of the name of Richard
Emory in the prayer for the injunction, and in other parts of the
bill, as a new party, are to be regarded as amendments under the
leave. But it does not appear, that an injunction bond to Emory
was ever filed, as was required in favour of the other defendants;
or, that any writ of injunction was ever issued against him.
An order of publication was passed on the 12th of May, 1800,
in the usual form, warning all the defendants who were therein
stated to be non-residents of the state, to appear and answer. The
proof of the publication of this order was made by producing the
newspapers themselves.
On the 6th of January, 1802, Thomas Smyth, James Clayland,
and Benjamin Chew, filed their several answers, in which Smyth
and Clayland specially and particularly deny all the allegations of
defect of title, of fraud, forgery and misrepresentation, as charged
in the bill; and Chew states, that he had no knowledge of the con-
tract respecting the lands; that the bonds he held were assigned to
him for a valuable consideration; and that they were represented as
free from abatement, and that the whole money was truly due.
Isaac Wikoff, on the 4th of August, 1804, filed his answer, in
which he states, that he had no knowledge of the contract between
the plaintiffs and Smyth and Lynch; that the bond he held, had
been assigned to him for a valuable consideration, and that the
money secured by it was then truly due. This answer was sworn
to before the Mayor of the city of Philadelphia, and certified under
the seal of the city,
On the 20th of December, 1804, a notice of motion to dissolve
the injunction was entered on the docket, which at October term,
1805, was enlarged to that term. At February term, 1807, it was
Ordered, that a commission issue to Georgia on striking commis-
sioners. An agreement was filed on the 14th of April, 1807, not
now to be found among tie papers, and a commission issued by
consent to Peter Lasly and Thomas P. Comes, or either of them.
At December term, 1810, Rule further proceeding by the fourth
day of next term, or the bill to be dismissed. At February term,
181 l, the injunction was ordered to be dissolved nisi 18th Match.
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