
    Thomas Washington, ads. George Washington, et. al.
    
    The complainants filed their bill for partition of a tract of land. The defendant set up an adverse claim to the land. The case came on for trial, February term, 1823; and on the trial the defendant produced a deed for the land, dated in 1813, setting up a claim adverse to the complainant’s. The chancellor on circuit made the following order on the docket: “ Partition refused, title disputed, parties referred to law without prejudice.” At February term, 1824, the chancellor then presiding made an order directing an issue to try titles to the land; upon which the defendant appealed, and moved to reverse that order, on the grounds, That the order was contrary to the de-cretal order made by the chancellor who tried the case.
    
      Irby, for appellant.
    
      Downes, for respondent.
   Chancellor Desaussure.

It appearing to the court that the decree of the circuit court was formed on a misapprehension of a proceeding decree, which was very brief, it is ordered that the decree of the circuit court be rescinded and reversed.

Chancellors Gaillard, Thompson, and James, concurred.  