
    Lanning and others vs. Heath.
    1. Leave given to amend injunction bill, after answer filed, without prejudice to the injunction or other orders made in the suit.
    2. The answer not to be withdrawn, but left on file, and the suit to proceed upon the newly engrossed amended bill.
    
      The bill in this cause was filed to enforce the specific performance of a contract entered into between the defendant and complainants, for the purchase and exchange of certain real and personal estate, and for an injunction to restrain the-defendant from selling, exchanging, or in any wise disposing, of the property which he had agreed to transfer and convey to the complainants.
    The defendant filed his answer. The complainants, alleging, that the written contract, as set forth in the bill, did not express the real undei’standing and agreement of the parties, now move to amend their bill in this- respect, so as to make-the contract conform to that understanding.
    
      Mr. J. Wilson and Mr. JRiehey, for the motion.
    
      Mr. W. D. Holt and Mr. Qummere, contra..
   The Yice-Chahcellor.

I think leave to amend should be granted. The proposed’ amendments are in writing, and should be made in accordance with the fifty-seventh rule. They must be made upon payment of costs, and without prejudice to the injunction or other orders heretofore made in the suit.

I think the answer should not be withdrawn, but left on file. The bill and answer should remain as they are, and the-suit go on upon the newly engrossed amended bill.  