
    * William Austin versus Joseph Wilson and Others.
    
      Practice. — The Court will not hear a cause referred to them upon an agreed statement of facts, by which only a preliminary question will be settled, leaving the merits undecided.
    This was an action of covenant against the defendants, as heirs of the covenantors in a certain conveyance of land.
    
      The parties had agreed to certain facts, which were submitted for the opinion of the Court; and in case that opinion should be, that the defendants were all liable, as heirs of the original grantors, the defendants agreed to try the cause upon the plea, that they have nothing by descent from their respective ancestors, or to be defaulted ; and if they should be defaulted, referees were to be appointed to ascertain the damages, &c.
   But the Court

refused to hear the cause upon the facts stated, observing that the submission was merely of a preliminary question ; and that after that question was decided, there might still be an issue to the merits to be tried.  