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DEALE v. ESTEP.
The plaintiffs by their bills claim a moiety of the proceeds of
the sale and earnings of the schooner Beauty from the defendant
Odom; and they resist the claim of the defendants Law & Har-
rison, for any alleged disbursements made by them as ship's
husbands. As a foundation for an injunction, the plaintiffs en-
deavoured to identify the proceeds of the vessel from Odom to the
bank, so as to have them detained there. But in this they have
failed; and therefore, can have relief as prayed only against the
defendant Odom. I am also of opinion, that the defendant Odom
is chargeable with interest from the time when it appears that
the proceeds of the vessel reached this country, and were applied
beneficially to his use, and ought to have been accounted for or
paid to the other joint owner of the schooner.
Whereupon it is Decreed, that the auditor's report be and the
same is hereby rejected. And it is further Decreed, that the defen-
dant John Odom, pay or bring into this court to be paid to the
plaintiff John McKim, junior, the sum of $5,181 60, with interest
from the 18th of June, 1827, until paid or brought in, together
with his costs in this suit, to be taxed by the register. And it is
further Decreed, that the bill of complaint, as against the defen-
dants George Law and William G. Harrison, be and the same is
hereby dismissed without costs. And it is further Decreed, that the
bill of complaint, as against the defendants William F. Anderson,
and The President and Directors of the Franklin Bank of Baltimore
be and the same is hereby dismissed with their costs, to be taxed by
the register; the said costs to be paid by the defendant John Odom,
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PEALE v.. ESTEP.
The sheriffs, for the time being, of the several counties, are the executive officers of
this court; and as such amenable to it.—It is the duty of the sheriffs to execute
all process and orders issuing from this court.—A summons or subpaena issued by
commissioners requiring a witness to attend and testify before them, under a com-
mission to take evidence, is a process which must be served by the sheriff.—For
the service of all process, which a sheriff may be required to serve, he is entitled
to have his legal fees allowed and taxed as a part of the costs in the case; and
may enforce payment accordingly.
THIS bill was filed on the 5th of November, 1830, by Samuel
Deale against Richard Estep and Henry A. Hall, surviving admi-
nistrators of Rezin Estep, deceased, and The President, Directors
55 v.3
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