ELISHA EASON and others against WILLIAM SAWYER.
A cause pending in the Court of Equity, cannot be divided and sent as to one, or some of the defendants to this Court, while as to another, or other defendants, it remains in the Court of Equity for the county.
Cause removed from the Court of Equity of Perquimons county.
The original bill is filed against Willis Bagly, executor of Martha N. Turner, praying for an account of the estate, and suggesting a misapplication of the fuuds. Afterwards, a supplimental bill is filed against Sawyer and others, alleging that they have received from Bagly certain property belonging to the estate of the testatrix, for which they are accountable. Sawyer answers, alleging that he is a bona fide 'purchaser. Whereupon, it is ordered by consent of partes, that this cause, as to William Sawyer, be removed to the Supreme Court for trial.
Heath, for the plaintiff.
Smith and Jordan, for the defendant.
*167Pearson, J.
The cause is not properly in this Court. In the first place, there is no order setting it for hearing; but waiving this, it is only sent here as to William Sawyer ; with respect to the principal defendant, Bagly, or his representative, the cause still remains in the Court below. "With every disposition to try causes that are sent to us, we do not feel at liberty to allow them to be split up in this manner; there is no statute which authorises-it to be done. The causéis still pending in the Court below, and the question in which the defendant, Sawyer, is concerned, cannot be presented to ns as a distinct branch of the cause. The case will be stricken from the docket, and the original papers, which have been sent up here, will be sent back. The necessity of sending the original papers, was suggestive of the incongruity of having the same cause pending in two courts at the same time.
Per Curiam, Decree accordingly.