Charles J. Babbitt and Wm. E. Earle, for the motion.
Louis I. Fleming and Henry Jackson, in opposition
WAITE, C. J.
¶1
This motion is denied on the authority of Jerome v. McCarcer, 21 Wall. 17. 'The circumstances of the case, or of the parties,' have not been so changed by the death of N. B. Harwood, one of the appellants, as to make 'the security, which at the time it was taken was 'good and sufficient," now insufficient. No personal decree is asked. The sole purpose of the suit is to subject the lands in question to the payment of debts of Harwood, the deceased appellant. The affidavits do not satisfy us that the property is depreciating in value by reason of any neglect of the surviving appellants in its care or management.