406 WILLIAMSON v. WILSON.—1 BLAND.

and merchandise in the said report mentioned on a credit of four
months for approved endorsed notes, according to the usual course
and manner of selling goods at auction in the City of Baltimore.
And he is hereby further authorized and directed to sell any other
goods, wares and merchandise, being the joint property of the
said parties, which may come to his hands, in such manner as
he may deem most beneficial and best for the interest of all con-
cerned.

It was also ordered on the same day, that the exceptions to the
defendants' answer should stand for hearing on the first day of
June then next. And on the 17th of July following, on the admis-
sion of the defendants' solicitor, it was ordered that the excep-
tions be sustained, and that the defendants make a more full and
perfect answer on or before the first day of the next term. On
the same 17th July, the plaintiff by his petition stated, that a
large sum had been collected by the receiver, which he prayed
might be distributed among the creditors of the firm; sundry
creditors of the firm also filed their petitions in this case, alleging
that the receiver had in his hands a large amount, which they
prayed might be applied in satisfaction of their claims. And at
the * same time the receiver reported, that he had a con-
430 siderable sum in his hands, as to the disposition of which he
prayed the order and direction of the Court.

BLAND, C., 21st July, 1826.—Upon these petitions of those who
present themselves in this suit as creditors of the firm of Wilson.
Williamson & Co., it becomes necessary to consider this case in a
new point of view; and to determine its general character, as
well in relation to the original litigants, as to those who now pro-
pose to be admitted as parties, and have a control over its future
course.

The bill states, that a partnership had been formed and con-
ducted for some time between the plaintiff and the defendants,
and that the firm had, just previous to the institution of this suit,
become insolvent; these facts have been admitted by the answer.
These original parties are then, at least to the extent of their joint
concern as merchants, to be considered as insolvent debtors; as
such they must, in equity, be regarded as mere trustees for the
benefit of their creditors; and therefore neither of them can be
allowed to derive any pecuniary advantage to himself from this
suit. The proper and sole object of this bill is to have the funds of
Wilson, Williamson & Co. collected and distributed, so far as they
will go, among the creditors of the firm in satisfaction of their
claims, according to the principles of equity. This matter has
been brought here by insolvent debtors for the purpose of obtain-
ing a partial discharge from the claims to which they are liable,