DORSET v. HAMMOND—1 BLAND. 437

among those only whose claims have been so avouched as to authorize
the Orphans' Court to allow of their payment. (b)

A claim may be contested so as to put the claimant to full proof; in which
case if it be not legally established it must be rejected.

A judgment against an executor or administrator is no evidence against the
heirs; against whom the claim must be authenticated as if no such
judgment existed.

An absolute judgment against an executor or administrator is conclusive
evidence against him of a sufficiency of personal assets in his hands.

After a claim has been decided upon, it cannot be brought again before the
Court in a different shape; except under such circumstances as would
form a sufficient foundation for a bill of review, or a re-hearing.

This was a creditors' bill filed on the 13th of December, 1826,
by John W. Dorsey against Itezin Hammond, the executor, and
Denton Hammond. Matthias Hammond, and Caroline B. Hammond,
infants and devisees of the late Matthias Hammoud.

The bill states, that the deceased being indebted to the plaintiff;
he had brought suit and recovered judgment against his executor
the defendant Rezin Hammond, from whom he, the plaintiff, had
received payments, leaving a balance due him of $3,182.49, that
the testator had died seized of a large real estate which he had
devised to the infant defendants; and, that the whole of his per-
sonal estate had been exhausted and disposed of in payment of
his debts. Whereupon the plaintiff prayed, that the real estate
might be sold to satisfy the balance due him, and such other of
the creditors of the deceased as should come in under this suit.
The defendants by their answers admitted the facts set forth in
the bill; and on the 19th of March, 1827, it was decreed, that the
real estate be sold, and that notice be given to the creditors of the
deceased to file their claims in the Chancery office within four
months after the day of sale.

After which, on the representation of the trustee, that there was
a large body of land, embraced by the decree, which it was thought
most advisable to have laid off into lots and offered for sale in par-
cels, it was, on the 9th of May, 1827, ordered that the surveyor
*lay out the lands accordingly aud make return of a plot 464
thereof. And the trustee having reported, that he had made sale
of the estate, as thus laid off into lots, aud had given notice to the
creditors of the deceased to file their claims as required by the de-
cree, the sales were finally ratified, no cause having been shewn to
the contrary after the usual order of publication.

On the 29th of February, 1828, the auditor reported, that he had
examined the proceedings and stated all the claims exhibited
against the estate of the deceased, and an account between the

(5) As to creditors' suits generally, see Hammond v. Hammond, 2 Bland
306.