There is a question now under the consideration of the Circuit Court, which turns altogether upon the practice and general opinion of legal men in this state, to which it is the wish of this court to conform, after clearly ascertaining what that practice is. Upon the report of referees,¹ being returned to Court, we understand that the uniform practice is for the clerk to enter a Judgment Nisi, which is considered to be absolute as of the day on which it is entered, provided no exceptions are filed, or rule obtained within the succeeding 4 days to impeach the report. But if exceptions should be filed within that time, & upon a hearing should be overruled, the question is, whether the Judgment Nisi is to be considered as absolute on the day it was entered, either upon the doctrine of relation or otherwise; or whether it is a Judgment as of the day on which the² exceptions are overruled? Is the word nisi, as used in this case, understood to mean "unless exceptions are filed within the 4 day" or "unless cause be shown for setting aside the Judgment or report"? In the case stated,³ is the Judgment nisi after being confirmed, considered as binding the real property of the debtor from the time it is entered, as against subsequent bona fide purchasers & Judgment Creditors?

     My anxiety to preserve a uniformity in the practice of this with the State Courts which may affect rights, will I know be considered by you as a sufficient apology for this application. Will you do me the favor to show this letter to Judge Yeates, and obtain from him such information as he may be enabled & inclined to give me.I am Dear Sir With very great regard & respect Yr mo ob Servt