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PRICE v. TYSON. 393
1821, had employed counsel to attend to the interests of the estate
committed to their care in that controversy. Whereupon the
plaintiff prayed, that he might have a full and fair discovery of
the knowledge of the defendants in the premises to enable him to
protect himself against their plea in bar, a matter difficult from
other proof, by reason of the great lapse of time since the institu-
tion of the suit.
The defendants on the11th of July, 1831, put in a joint and
several answer to this bill, in which they admit, that it was then
known to them, that the suit had been instituted and referred to
arbitration as alleged in the bill; and then they add, that no
further proceedings were afterwards had in the said suit, as these
defendants are informed and believe, during the life-time of the
said original parties, nor until several years after the death of both
the said John Price and Nathan Tyson, and after the distribution
of the personal estate of the said Nathan.
These defendants further admit, that administration had been
granted to them on the 1st of April, 1819; and then in addition,
they say, that on the same 1st of April, an order was passed by
the said Orphans Court, directing, that an advertisement in the
form prescribed in such cases by the act of Assembly, should be
inserted once a week for four successive weeks in The Federal
Gazette, and also in The American, two newspapers published in
the city of Baltimore, giving notice, that the defendants had ob-
tained from the said court such letters of administration on the
estate of the said Nathan Tyson, and warning all persons having
claims against the said deceased, to exhibit the same with the
vouchers thereof to these defendants before a certain day to be
named in such advertisement; and these defendants did accord-
ingly in obedience to said order, and as directed by the said
Orphans Court, cause such advertisement, giving the said notice
and warning to all persons having claims against the said Nathan
Tyson, deceased, to exhibit the same with the vouchers to these
defendants on or before the first day of October next thereafter, to
be inserted in the said Federal Gazette newspaper, on the day
nest after passing the said order of court, to wit: on the second
day of April, in the year 18] 9, aforesaid, and in the said American
on the 3d of April aforesaid; and such insertion to be continued
in each of the said newspapers once a week for four successive
weeks, and these defendants caused the said advertisement to be
so inserted in the said two newspapers as directed by the mid
50 v.3
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