New Jersey, in the penal sum of $5000, conditioned that the said. Samuel Williamson should faithfully perform the trust reposed in him by the will of the said William Williamson, deceased; which bond was filed in the office of the clerk of the court of chancery.

On the 20th December, 1820, William Williamson, son of the testator being dead, Asher Williamson applied for and obtained letters of administration of the estate of the said William Williamson, the younger, deceased; and afterwards, as such administrator, caused an action to be commenced in the supreme court, in the name of William S. Pennington, late Governor and Chancellor, for the benefit of the said Asher as such administrator, against Benjamin Johnson, as survivor of said Samuel Williamson, deceased, who was then dead, for $5000, and declared upon said bond given by said Samuel Williamson and Benjamin Johnson to the said William S. Pennington, Governor and Chancellor as aforesaid, in pursuance of the said decree of October 22d, 1813; and Johnson not having appeared or pleaded in said cause, a judgment by default was entered against him, in November, 1921; whereupon a writ of inquiry of damages was awarded, which was executed on the 25th February, 1822, and an inquisition finding $2202 46 damages besides costs, made and returned with the said writ; and on the 27th of that month, final judgment was entered in the suit, against Johnson, for the penal sum of $5000 debt and $49 30 costs; and the said Asher caused execution to be issued, in the name of the plaintiff in said cause, against the goods and lands of the said Benjamin Johnson, endorsed to levy the damages so assessed as aforesaid and costs, with interest from February 26th, 1822; which execution was delivered to Edward Welsted, sheriff of Hunterdon, on the 15th March, 1822; by virtue of which the said sheriff levied on three tracts of land; the first containing 170 acres, more or less, whereon Johnson resided; the second containing 218 acres, more or less; and the third being a tavern house and lot of two acres at New Market.

Pending the said suit, by deed dated June 5th, 1821, Johnson, with his wife, conveyed all the said three tracts of land to William H. Johnson and Clarissa Johnson, his son and daughter; the consideration expressed in the deed being $10,000; the deed

containing full covenants. This deed was acknowledged September 21st, 1821, and recorded October 1st, 1821.

In May, 1823, the sheriff, under the said execution and levy, exposed the said three tracts of land for sale. He first tried to sell them separately, but no person appearing willing to bid for either of them in that way, he exposed them for sale all together at one bidding; and the said William H. Johnson, for himself and his said sister, bid $3000, and the lands were struck off to them.

The money was paid to the sheriff by them or one of them, and the sheriff, out of the money, paid to Asher Williamson, as administrator of the deceased son William Williamson, the amount of the share of the said deceased son, for which the said judgment had been obtained.

Samuel Williamson, the executor, had died in 1821, and administration of his personal estate had been granted to Abraham R. Sutphen. On the 6th March, 1824, Sutphen, as administrator of the said executor, and Johnson filed a bill of review, assigning errors in the said decree made by Chancellor Bloomfield in 1811, and in the said decree made by Chancellor Ogden in 1813, and in the said decree made by Chancellor William S. Pennington in 1814, and praying that the said decrees might be reversed or corrected. Asher Williamson, Cornelius Williamson and William Williamson were the defendants in this bill.

This bill also prayed, upon certain allegations made therein, that the executors of Cornelius Williamson, deceased, might come to an account with the said Sutphen, administrator of the said Samuel Williamson, touching the monies received by them from, and to the use of the said Samuel, and might refund all monies by them received over and above what was justly due and ought to have been received by them; and touching other matters therein stated; and that the said judgment at law in favor of William S. Pennington, late Governor, &c., to the use of the said Asher as administrator of William Williamson, deceased, against Johnson, predicated upon the said decrees and the bond aforesaid, might be set aside; and that the said Asher Williamson might account touching the monies so collected and received by him as administrator of

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William Williamson, the younger, deceased, and might repay all monies so by him received over and above what ought to have been demanded and received by him in the said action on the said bond against the said Johnson.

On the 13th October, 1824, the defendants filed their plea and demurrer to the said bill. For plea they say, that the said cause in the bill mentioned, in which William Williamson, Cornelius Williamson, Asher Williamson, Joseph Williamson, Hoppock and wife, Patience and Micha Williamson were complain-1 ants, and the said Samuel Williamson defendant, came on to be heard in September, 1811, before Chancellor Bloomfield, when the said Chancellor made his decretal order as follows; (setting out at length the said decretal order.) That James Linn, the master named in the said decretal order, on the 24th October, 1812, made his report as follows, (setting out the master's report at length.)

That the said report was confirmed by Chancellor Ogden, in March, 1813. That the said master, under whose directionthe said real estate was sold, made his report of the said sale as follows, (setting out the inaster's report of the sale.)

That the said cause came on for final hearing on the equities reserved, in September, 1813, before Chancellor Ogden, who, on the 22d October, 1813, made his final decree as follows, (setting out the said final decree at length.)

That the complainants, being dissatisfied with the said decree on the equity reserved, filed their petition for a rehearing of the cause, on the matters in the said petition set forth; and a rehearing of the cause having been ordered, the same came on to be reheard, on the said petition, before Chancellor William S. Pennington, in June, 1814, who made his decree on the said rehearing as follows, (setting forth the decree at length.) And the defendants aver that the said decretal orders and final decree were duly signed by the Chancellor, on the day of -, 18—, and entered, enrolled and recorded according to law.

And these defendants, Asher Williamson, William Williamson and Cornelius Williamson, do demur on the law of the said bill of review of the said complainants; and for causes of demurrer show, that the said decree is free from the errors com plained of.

That the said bill of review was filed without leave of the court first obtained; without any affidavits verifying the truth of the facts contained therein, and without the complainants having made any deposit to answer the costs these defendants would incur thereupon.

That the said bill does not set out the decree complained of in such manner as the same should have been set out, but a long allegation of facts, some of which are charged to have existed before and others to have happened since the making of the said decree, which are irrelevant and unfit to be introduced into a bill of review.

That Benjamin Johnson, one of the complainants, is a stranger to the decree complained of, being neither party nor privy thereto.

That the bill is multifarious; several distinct matters having no connection with each other, and affecting the two complainants separately and distinctly, were inserted in the bill.

That Joseph Williamson, Patience Williamson and Micha Williamson, parties complainant to the decree sought to be reversed, and interested therein, are not made parties to the said bill.

Wherefore, and for divers other errors and imperfections appearing on the said bill, these defendants do demur, and pray that they may not be compelled further to answer the said bill; that the enrollment of the said decree may not be opened; and that the said bill of review may be dismissed with costs.

R. Stockton, of counsel with the defendants.

The Chancellor having decided that the plea and demurrer be allowed, it was, on the 15th October, 1827, ordered by the Chancellor, that leave be given to amend the bill of complaint. by striking out the name of Abraham R. Sutphen as a complainant, and William Williamson and Cornelius Williamson as defendants, and also so much of the said bill as seeks a review of the decree between William Williamson and others complainants and Samuel Williamson defendant, in the said bill mentioned and set forth, and all other irrelevant matter in the said bill contained; so as to confine the object of the bill to the relief of Benjamin Johnson against a judgment and execution in the bill mentioned to have been obtained against him

in the supreme court, by the said Asher Williamson, defendant in this cause, upon the said complainant paying to the defendant's solicitor the costs of the plea, demurrer and argument in this case, and amending the defendant's copy of the bill gratis.

On the 9th January, 1828, Benjamin Johnson filed his bill. The bill is entirely redrawn, under the leave so given, and is in form an original bill, by Benjamin Johnson complainant, against Asher Williamson defendant.

The bill then states the will of William Williamson, the elder, and the probate thereof by Samuel Williamson, (Cornelius, the other executor named therein, declining to act,) the exposing of the farm for sale by Samuel, in 1789, the striking it off to his son, the deed from Samuel to his said son, in August, 1792, and the reconveyance on the same day by his said son to him; alleges that on the 2d April, 1792, Samuel, the executor, paid to William Williamson, a son and devisee of his father, William Williamson the testator, his share of the sum for which said farm had been so struck off by the executor to his son, and that the said William the younger thereupon executed to the said executor an acquittance and discharge in full for his share, dated April 2d, 1792; states the death of Cornelius Williamson, son of the testator, leaving a will devising his estate to his children, viz. William, Cornelius, Asher and Joseph Williamson, Bernice wife of Jacob Hoppock, Patience Williamson and Micha Williamson, and appointing his sons, Cornelius Williamson, Asher Williainson and William Williamson executors of his will; that these children, devisees and executors of Cornelius Williamson, deceased, on the 20th December, 1809, filed their bill against the said Samuel Williamson, executor of the will of William Williamson the elder, praying that the said deeds from him to his said son and from his said son to him be set aside, and that the said real estate might be sold under the direction of the court, and that Samuel might account for the rents and profits thereof; setting out the answer and proceedings on that bill, and the decrees herein before stated. Stating that Samuel Williamson, the executor, died about April 1st, 1821, intestate, and leaving very little property, and that no person administered on his estate until 1823, after the judgment against Johnson, when administration was grant