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600 NEALE v. HAGTHROP.
of which all their titles must mainly depend; and therefore they
have all of them been properly brought before the court as parties.
It is true, that any one of them might, under circumstances pecu-
liar to himself, have been enabled to sustain his own pretensions
alone; yet the deed of the 17th of August, 1797, being that
foundation upon which the plaintiff plants his claim against all, an
expression of the court's opinion upon that deed, from what has
been shewn, must necessarily and alike affect all; and the direc-
tions, upon that ground, have been given for taking the accounts,
Hence, although the property in the hands of each defendant may
be entirely distinct, and the quantum of liability of each may be
different; yet the origin and foundation of the controversy is essen-
tially and necessarily the same as to all. And, therefore, before
the case can be suffered to proceed, the bill must either be dis-
missed or absolutely abated as to the claim of the deceased defen-
dant Chittenden, or be revived against his representatives.
Whereupon it is Ordered, that the foregoing petition be and the
same is hereby dismissed with costs.
After the filing of a petition to make Harriet Chittenden a party,
and she had been returned summoned as the administratrix and
legal representative of the deceased defendant Nathaniel Chitten-
den, by a writing, signed by the solicitors of the parties, and filed
on the 14th of May, 1832, it was agreed between the complainant
and Harriet Chittenden, administratrix of Nathaniel Chittenden,
deceased, that the petition filed against her should be dismissed;
and the agreement heretofore entered into relative to the property
in her intestate's possession be confirmed.
4th August, 1832. —BLAND, Chancellor. —This case standing
ready for hearing and having been submitted by the plaintiff with-
out argument, and no one appearing for the defendants before the
close of the sittings of the term, the proceedings were read and
considered.
It appears, that the auditor has, in all respects, made his esti-
mates according to the principles, and in the manner directed by
the order of the 5th of December, 1826, with interest on the
amount of rents and profits charged to each defendant from the end
of each year when they were received; and the whole appears to
be well sustained in point of fact by the proofs, in the manner he
has stated; therefore overruling all the exceptions to his report, it
must be confirmed; subject, however, as regards the defendant
Edward Hagthrop, to a deduction for that amount of rents and
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