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NEALE v. HAGTHROP. 593
bis wife, was dead; and that, except the defendants Hughes and
Moore, none of the other defendants were in safe and abundant
pecuniary circumstances. Whereupon he prayed that a receiver
might be appointed, &c.
12th April, 1828. —BLAND, Chancellor. —Ordered, that the
matter of this petition be heard on the 20th day of May next.
Provided, that a copy of this order, together with a copy of the
foregoing petition, be served on each of the said defendants, ex-
cept Samuel Moore and George A. Hughes, on or before the 22d
day of this month. And either party is hereby authorized to take
testimony before the commissioners, in the city of Baltimore, to be
read at the hearing, on giving three days notice as usual.
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The defendant Hagthrop on the first of May, 1828, answered
the application for a receiver, on oath, in which he admitted, that
he held the property in question; but denied, that he had received
the amount of rents and profits as charged by the plaintiff; and
said, that he believed he should be able to pay all his debts, pro-
vided he could obtain justice from those who withheld from him
his just rights, &c.
Under this last order some testimony was taken and filed on the
23d of May following, from which it appeared, that the defendant
Hagthrop was in straitened circumstances, and had himself ad-
mitted, that he was not worth a dollar. And that some of that
which the witness supposed to be the property in question was
occupied by worthless negroes.
After which the defendants, by their petition, stated that their
appeal had been dismissed by the Court of Appeals, on the 19th
of November, 1828, without costs, 1 G. & J. 308; and it had
therefore become necessary to take testimony to enable the auditor
to state an account as had been directed by this court. Where-
upon they prayed, that a commission might be issued to the Balti-
more commissioners, &c.
20th November, 1828. —BLAND, Chancellor. —Ordered, that the
parties be and they are hereby allowed to take testimony before
the commissioners appointed to take testimony in the city of Balti-
more, in relation to the accounts directed to be stated by the order
of the 5th of December, 1826, on giving three days notice to the
opposite party, or his solicitor, as usual. Provided, that no testi-
mony be used before the auditor, or in any way admitted into this
75 v. 3
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