This case, some time ago, was sent to this Court, for its opinion on certain questions therein made, by the Judge who then presided in the Court below. The questions have been decided by this Court, and sent back, in order that that Court should make a decree in the case. At the ensuing term, the presiding *383Judge was so situated, that he could give no opinion the case. The parties, by their own consent, rather than by any authority from him, have made other points in the case, and transmitted them here, for our opinion. It results, that the case has now come here, through no legitimate channel; not by way of appeal, nor by order of the presiding Judge, because he doubts upon those points, which are the only ways pointed out by law, in which cases can be transferred to the Supreme Court, from the Superior Courts. I am, therefore, of opinion, that the case must be sent back to await such order or decree, as the next presiding Judge, shall think proper to make therein.
I am of opinion, that the Defendant is not precluded from insisting on any tiling, which he has a right to do, according to the rules of a Court of Equity, except such as have been decided by this Court. And as this Court can take no jurisdiction, but on the points submitted to it; it follows, that none others can be judicially decided. It is impossible to give a direct answer to the questions now submitted, as it does not appear by the case, what was submitted in in the former case.
Daniel, and Ruffin, Judges, concurred.