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NEALE v. HAGTHROP. 595
shall hereafter be determined upon consideration of his trouble,
skill, and diligence in the premises.
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The receiver gave bond as required. On the 13th of March,
1829, the Baltimore commissioners returned the testimony taken
by them under the order of 20th of November. The auditor, in a
report filed on the 10th of December, 1829, stated, that he had
examined and considered the additional testimony which had been
brought in; much of which was uncertain and unsatisfactory; but,
that he had, as instructed by the plaintiff's solicitor, restated the
accounts, &c. The plaintiff, by his petition, stated, that the audi-
tor had found it difficult to make an accurate report for the want
of a plot of the land in dispute, designating the particular part in
the possession of each one of the defendants, so as to apply the
testimony to each, as directed by the order of the 5th of December,
Whereupon he prayed for a survey; for leave to take further testi-
mony, &c.
After which an agreement in the following words was filed. 'It
is agreed between the parties to said cause, that Matthew Bennett,
one of the defendants, be struck out as a party to said bill with-
out prejudice to said cause. And it is further agreed, that the
auditor's report be remanded to him; and that the commission to
take testimony to be used before the auditor, be remanded to Balti-
more, and that a plot be made of the land in dispute in said cause,
and the witnesses be examined in relation thereto, agreeably to the
complainant's petition filed on the 24th instant. And it is also
agreed, that so soon as the auditor's report is completed and filed,
that the said cause shall be set down for final hearing. '
5th June, 1830, —BLAND, Chancellor. —Ordered, that this case
be and the same is hereby again referred to the auditor; that the
said commission, or a duplicate thereof, be sent to the commis-
sioners to take further testimony; and that a survey be made of
the property in the proceedings mentioned, as prayed, on giving
the usual notice. Provided, that the testimony and plots, hereby
allowed to be taken and made, be returned and filed in the Chan-
cery Office on or before the 24th day of July next,
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Under this order the lands were laid down and plots with much
additional testimony was returned.
The auditor, on the 29th of March, 1831, filed his report, in
which lie says, that he had restated all the accounts and made his
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