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416 WILLIAMSON ». WILSON.—1 BLAND.
moved the objections to their claims, since the first general report;
and several of those intermediate statements had been confirmed,
and the claims ordered to be paid accordingly; after which the
case was submitted to obtain an order for bringing it to a final
conclusion.
BLAND, C., 24th May, 1828.—According to the course of this
Court, in creditors' suits, or where the case, by any proceeding,
interposed after its institution, has been necessarily cast into the
form of a creditors' suit. it is indispensably necessary, before any dis-
tribution can be made, or satisfaction awarded to any of the cred-
itors, that they should be called on by publication in some news-
paper, or other public notice, to file the vouchers of their claims
in the Chancery office, on or before a specified day, most commonly
four months after the day of the first publication: but a shorter
period may be limited where the funds are small, or the transac-
tions appear to be but little dispersed. After the time allowed to
the creditors for bringing in their claims has expired; the auditor,
at the instance of any one concerned, may make and report an ac-
count distributing the whole of the funds in full satisfaction, or
in due proportion among the creditors; giving a preference to those
who may appear to be entitled to it. In this first general report,
all the claims having any plausible or probable * validity,
441 or which may ultimately be sustained by proof, are stated
as of course by the auditor, who in this, as in all subsequent re-
ports, in which he first introduces a claim to the notice of the Court,
informs the Chancellor of all the objections and special circum-
stances in relation to it, as they appear from the proceedings and
vouchers submitted to him. But after the day limited for bring-
ing in claims is passed, and at any time before the funds have
been ordered to be distributed, any other creditor may bring in
his claim, and he will be put upon a footing with the other credi-
tors so far as it can be done from the funds then remaining iu
Court, by restating the account at his cost.
In a proper creditors' suit the decree for a sale of an estate for
the satisfaction of creditors, in genera!, is in itself a final decision
in favor of the claim of the originalh suing creditor; because
there can be no such decree unless the plaintiff establishes his
claim in whole or in part. And therefore in such case, where the
whole amount claimed by the plaintiff has not been established, it
is proper, that the decree should expressly specify the debt de-
cided to be due; leaving the other claims or parts of claims of the
plaintiff as stated in the bill to come in after, and be finally dis-
posed of on the usual application for further directions as to them
and other claims.
The auditor's first general report having prepared and arranged all
the materials for the judgment of the Court, is usually suffered
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