
    WALPOLE v. GRIFFIN AND SAPP.
    Chancery — settlement by arbitrators — costs.
    Where the parties by themselves or arbitrators settle the controversy, except costs, the court will not examine the facts to settle the matter of costs.
    One can never come into chancery to pray a decree for costs only.
    Costs in chancery depend upon the sound discretion of the chancellor upon all the facts.
    In Chancery. The parties had submitted this cause to arbitrators, on whose award they were content a decree should be entered, except for some items of costs, which were reserved for the decision of the court.
    
      Spangler, for the complainant.
   BY THE COURT.

Costs in chancery depend upon the sound discretion, of the chancellor, to be exercised upon a consideration of 96] *the facts and merits of the case. We are unwilling to take the trouble to wade through the facts in this case, to adjust a dispute upon an item of costs, when the parties have submitted to the decision of others their controversy. Such a course would be contrary to the usual course of proceeding in chancery, 2 John. Ch. 318. Lord Hardwick, in 2 Vesey, 223, says one can never come into this court to pray a decree for costs only. In such case, each party is left to pay his own costs.

[The chancellor will not look into the facts merely to determine question of costs; Campton v. Griffith, infra, 321.]  