CHAP. II. To the said answer, the complainants took the following exceptions, viz. : First-For that the said defendants have not, &c. The defendants not having submitted to put in a further answer within the time limited for that purpose, an order was thereupon entered referring it to one of the Masters of the said court, to look into,' &c (referrence of answer for impertinence and insufficiency) and the said master to whom it was so referred having been, in pursuance thereof, attended by the counsel of the respective parties, thereupon made the following report, viz.: I, the subscriber, one of the Masters of this court, do report, &c. that I have looked into, &c. (the bill, answer, and exceptions,) and have heard the parties, &c. and having duly considered the same, I am of opinion, that each and all of the first six of the said exceptions, is, and are well taken, and that the said answer is insufficient in the points therein excepted to: and I am further of the opinion, that the remaining, or seventh exception, is also well taken, and that these words, not only' on the third line of the third page of the said answer, but also so much of the said answer as is contained between the words, &c. on the fourth line of. the third page, and the words, &c. on the sixth and seventh lines of the same third page, being these words, 'but to the clear understanding,' &c. are irrelevant and impertinent, and ought accordingly to be expunged and stricken out of the said answer, as is irrevalent and impertinent.' To the said report of the said Master the following exceptions were taken by the defendants in the court below, (the now appellants) viz: First exception :-For that, &c. The cause was set down for hearing on the aforesaid To the last-mentioned decree, the said defendants, CHAP. II. J. B. M. &c. have entered an appeal to this court. D. C. Solicitor for respondents. G G. E. W. jr. Counsel for respondents. Points on the part J. B. M. &c. appellants. of the respon dent. The respondents respectfully insist that the decree or order of the Chancellor, made in this cause, and now appealed from, ought to be affirmed, for the following, among other reasons : First-Because when the defendants undertake to Thirdly-Because the parts of the said answer G. G. counsel for the respondents. No. 9. Another, setting forth the pleadings in hæc verba. This is an appeal on the part of P. McC. one of the executors of, &c. P. J. deceased, and one of the defendants in the court of chancery, from a decree of that court, made and entered on, &c. The bill was filed on, &o. against, &c. and is in the words and figures following, to wit, To the Chancellor, &c. Humbly complaining, &c. (the bill down to it please, &c.') May To which said bill, the defendants filed several answers, as follows: The separate answer of P. McC., one of the defendants to the bill of complaint of, &c. This defen ant now, &c. (answer and schedules referred to and annexed.) The separate answer of R. C. one of the defendants, to, &c. This defendant now, &c. (answer and schedule referred to.) The joint and several answer of P. T. and E. his wife, to the bill, &c. (joint and several answer.) To the answer of the defendant P. McC. a general replication was filed by the complainants, on or about the, &c. at which time, a petition for the appointment of a receiver, and notice of a motion to be made thereon, were served on the defendant, P. McC., which petition was in the words following, to wit: To, &c. The petition of the complainants, &c. Respectfully showeth, &c. That, &c. And your petitioners will ever pray. J. A. J., Solicitor for complainants. On presenting the above petition to the Chancellor, and on making the motion thereon, at the term of said court, pursuant to the aforesaid notice, the cause was fully argued by the respective counsel for the parties, upon the merits; and while the same was held under advisement by the Chancellor, rules for producing witnesses and passing publication (or closing proofs) were duly entered, and the cause regularly set down (or noticed) for final hearing, upon the pleadings, (no proofs having been taken by any of the parties) at the next ensuing term of the court of chancery, held in the city of, &c. and on the, &c. a decree was pronounced therein by the Chancellor, which is as follows: This cause having been fully argued at the last term of this court, by &c. on a petition filed by the complainants, for the appointment of a receiver; and the Chancellor having holden the same under advisement, until this present term, and the said cause being now regularly set down for final hearing on the pleadings, and the counsel for CHAP. II. the respective parties having severally declined to offer any further argument thereon: It is declared, &c, It is accordingly ordered, adjudged and decreed, and the Chancellor, in virtue of the power and authority of this court, doth order, adjudge and decree, that the defendants, &c. do forthwith execute and deliver to the complainants all such deeds aud instruments of conveyance, to be approved of by one of the Masters of this court, as may be proper for vesting the complainants, and their sucessors, with all and singular the residuary real estate whereof the said P. J. died seized, and subject to the legal rights of the said P. J. and E. his wife. And it is further ordered, &c. (that defendants deliver up title deeds, &c.) And it is further, &c. that the defendant, P. McC within thirty days after service of a copy of this decree, pay into the office of the assistant Register of this court, the sum of, &c. admitted by the said defendant in his answer to be in his hands, arising from the rents, &c. of, &c. and at the same time (assigning over to the assistant Register all securities for money in his hands.) And it is further, &c. referred to one of the Masters, &c. to take and state her account of such parts of the personal, &c. of, &c. as have come into the hands of the defendants, &c. or either, to be administered; and also, all monies that have come to the hands of the said, &c. or either, &c. arising from the sale, &c. and of all rents, &c. And it is further ordeted, that the said Master, in taking and stating the said account of monics received by the said defendants, or either of them, belonging to the estate of, &c. charge interest on the several sums so received, from the respective times when the same were received except for such time as the same may have remained in his or their hands unproductive, without negligence or default on his or their part. And it is further ordered, that the said Master take an account of all the securities for monies in hands of defendants, &c. belonging to, &c. and that the said Master, in stating, &c. credit the same respectively with whatsoever monies, and securities for moneys, may be paid or delivered into the office of the assistant Register of this court, in pursuance of this decree. And it is VOL. IN 48 CHAP. II. further ordered, that the said assistant Register of this court appoint some discreet person to receive the rents and profits of the real estate of the said P. J. deceased, who shall pay the same, from time to time, as the same are received by him, into the office of the Assistant Register; and that the persen so appointed be allowed for his services such compensation as is usual in such cases. And all further questions are reserved until the coming in of the Master's report. From this decree, an appeal to the court for the trial, &c. and the correction, &c. was filed in the names of two of the defendants, to wit: P. McC. and R. C. 'soon after the making of the said decree, and a petition of appeal, in their names, was filed in this court, on or about the, &c. to which an answer was filed by the respondents, and the cause duly put at issue. On the (16th Sept. 1826.) a motion was made to this court, and an order entered in said cause, in the words and figures following, to wit:* 'On motion of Mr. D., of counsel for the appellants, with the consent of Mr. B., of counsel for the respondents, it is ordered, that the name of R. C. one of the above appellants, be struck out from the petition of appeal filed in this cause, and that the appeal be further prosecuted in the name of P McC. only, and in the same manner as if originally filed in his name and behalf only.' In pursuance of the terms of which order, the said appeal is now prosecuting, in the name and on the behalf of the said P. McC. as sole appellant, who contends, that the decree of the Chancellor ought to be reversed. And the respondents, on the other hand, insist that the said decree ought to be affirmed. I. A. J., Solicitor for respondents. S. B. Counsel for respondents. No. 10. Another, setting out the material Parts of the Pleadings, &c. [Spader, c. ads. Hadden, &c. See 20 Johns. 554.] The bill of complaint in this cause was filed in the court of chancery, on, &c. by the respondents W. S., B. H., &c. merchants and co-partners, carrying on trade and business in the city of New-York, under the name of W. S.; and N. H. and E. H., merchants, &c. carrying on, |