117

108 BURCH v. SCOTT.—1 BLAND.

Annapolis, at the June Term of 1824, he came from his home in
Montgomery to Annapolis, for the express and only purpose of
having an interview with his counsel, and getting his answer
drawn and filed, &c. But he found his counsel on the eve of
returning to Washington, whither he accompanied him, and im-
mediately on their arrival, the answer was drawn, regularly sworn
to, and put into the hands of his counsel, to be transmitted by the
stage next morning, to the register of this Court; that he had
frequent interviews afterwards with his counsel on the subject; he
as well as his counsel, took it for granted, the answer and exhibits
had been dulyj received; and he was informed by his counsel, that
he had made an arrangement with Mr. Key, one of the opposite
counsel, who resided in Georgetown, to fix upon some day conve-
nient for them both, to go to Annapolis and argue the cause; and
the plaintiff, William Scott, remained under this impres-
sion, without the slightest intimation of the answer's having
miscarried, till, to his utter astonishment, he found there had been
a decree against him, followed by execution: and when he commu-
nicated to his counsel the fact of his property having been seized
by the sheriff, he was utterly at a loss to comprehend how it could
have been brought about; having only heard, a short time before,
of the miscarriage of the answer, and not dreaming that there
could have been a decree, till writing to the register of this Court
for information, he was certified of the fact.

Walter Jones, the counsel of William Scott, in an affidavit made
by him and filed with this bill, confirms what is stated by Scott, as
to his being called on at Annapolis, and followed to Washington,
where he states, that Scott remained with him until he had drawn
his answer, and it was sworu to by him, before a magistrate;—that
finding the package so large as to make the transmission of it by
mail very expensive, he, Jones, sent his servant to the stage office
to inquire whether there was any passengers for Annapolis in the
stage of the next day; who returned with an answer, that he had
found a gentlemen who would take charge of the packet; upon
which he delivered it to him very securely sealed up, and directed
to the Register of the Court of Chancery at Annapolis; with a
note, requesting him to file the answer, &c., and enter a notice to
dissolve. He does not recollect that his servant named the person
to whom he delivered the packet; if he did, he has forgotten it.
He had frequent conversations afterwards with Mr. Key, about
appointing a day mutually convenient for them both, to go to
Annapolis to argue the cause. He rested without doubt or appre-
hension of the answer's being regularly filed, and does not remem-
ber when he experienced so great a surprise, as when he heard of
the decree in the cause.

These plaintiffs, by this bill, pray, that this plaintiff, William
Scott, may be permitted to put in his original answer, plea, &c. to