by John Marshall

“ The 12th article of the award decides, that the interest of W. C. in the Florida lands, is an undivided interest. The plaintiffs insist, that the parties have themselves provided for the state of things produced by this decision. They have directed that all the lands shall be placed in the hands of trustees, to be sold by them so far as may be necessary for the payment of the debt due to Christie. They have agreed on what shall be done if the lands were held in common, and that on which they have agreed is inconsistent with what the arbitrators have done. ”

“ The undersigned arbitrators award, and hereby decide, that William Christie is entitled to debit and credit Carnochan & Mitchel, in account, at the rate of five per centum per annum interest annually, as same as heretofore, or shall hereafter become due, so that each annual accumulation of interest shall become principal, and be considered as same. ”

“ Claims to commissions mutually abandoned, and the amount decreed by the arbitrators to be paid in two instalments, at six and twelve months from the date of the decree, and sufficient security for the fulfilment of the award be given by Carnochan & Mitchel to William Christie. The arbitrators to have the power of examining witnesses upon oath, and calling for documents which they may deem necessary; but the said William Christie shall be excused from producing any such document, if he will depose that the same is not in his possession on this side of the Atlantic. ”