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592 NEALE v. HAGTHROP.
execution of the deed to John Hook, with interest thereon from the
time when it appears to have been paid.
The account against each of the other defendants will commence
from the day on which it appears by his answer, or by the proofs
now in the case, or which may hereafter be exhibited, that he ob-
tained possession; and he will be charged for all the time he held
that portion of the property, or until it passed into the hands of
another of the defendants. The accounts against each of the de-
fendants who is now a holder of any portion of the property is,
for so much as he holds, to be brought down to the time of taking
the account.
Whereupon it is Ordered, that this case be and the same is
hereby referred to the auditor with directions to state an account,
or accounts accordingly from the proceedings and proofs now in
the case, and such other proofs as may be laid before him. And
it is further Ordered, that the parties be and they are hereby al-
lowed to take testimony in relation to the accounts, so directed to
be stated, on giving three days notice as usual. Provided, that
the testimony be taken and filed with the register on or before the
fifteenth day of January next.
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From this order the defendants appealed on the 12th of Febru-
ary, 1827. And the same day, on their petition, the time for
taking and returning testimony under it was enlarged to the 16th
of April following. At the same time an agreement was filed
with a deed from John Hook to Patrick Bennett, bearing date on
the first of January, 1799; by which agreement it is said, 'that
upon the final decree to be passed the lot or parcel of ground con-
tained in that deed, and which has since been conveyed to Harriet
Chittenden, shall be excluded from the decree. ' Upon which the
Chancellor made a memorandum, that in any future order or de-
cree, that agreement should be noticed and respected. On the
first of January, 1828, the auditor filed his report and accounts
made up to the 17th of November, 1827.
The plaintiff by his petition stated, that the defendant Edward
Hagthrop was in possession of a large proportion of the property
in the proceedings mentioned; that he was receiving rents from
the tenants of it to the amount of $1, 200 per annum; that he was
in desperate circumstances and without credit, so that when finally
called upon to pay the moneys collected by him he would apply
for the benefit of the insolvent law; that the defendant Barbara,
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