This cause was heard upon bill and answer in 1787, and a decree made in favor of complainant. Two reports have been made in his favor since. On petition by defendant in 1802 a rehearing was directed on the ground that the answer denied the equity of the bill and was to be taken as true, it not being replied to. Leave to reply to the answer now, is refused on account of the distance of time and death of parties and witnesses.
From Hillsboro.
BY THE COURT.
At this distance of time, when some of the parties, and probably many of their witnesses, are dead, leave cannot be granted to the complainant to reply to the defendant's answer.