650 INDEX.—i BLAND.

DEBTOR AND CREDITOR.— Continued.

was to be taken of the rents and profits of the property sold; thirdly,
that the claim for meliorations and improvements was to be con-
sidered and determined; and lastly, where other creditors were per-
mitted to come in, that their respective claims were to be adjusted,
allowed, or rejected. Ib.

9. It is not necessary that the bill should expressly state that the suit
has been instituted as well for the benefit of other creditors as of
the plaintiff, to have it considered as a creditors1 suit. It is enough
that the case is, in its nature, a creditors' suit. Ib.

10. In some cases a creditor has been allowed to briug in his claim hy
petition, in order that its nature might be more particularly set
forth; or that he might be allowed to assume the position of a co-
plaintiff before the decree. But the established practice is for the
creditors to come in by filing the vouchers of their claims in the
Chancery office. Ib.

11. In this form a creditor may come in at any time before a distribution
of the proceeds of the sale has been actually made; and before a
final audit has been ordered and ratified. But If the auditor has
previously made a statement, the cost of the re-statement must be
borne exclusively by such new applicant. Ib,

12. No higher proof of such claims is required than such as would induce
the Orphans' Court to allow the claim according to the testamentary
system, in case no objections are made. Ib.

13. Against such claims the Statute of Limitations may be relied on hy
any other creditor, as well as by the plaintiff, or a defendant. Ib.

14. But a party cannot fir&t contest a claim on its merits, and then after-
wards plead limitations. (Note.} Ib.

15. A creditor can in no case be suffered to split up his claim so as to
multiply suits; nor can he. after the decree, be allowed to bring in
any new and additional claim. 16.

16. The principles of equity iu relation to parties standing as creditor,
principal debtor, and surety. Hoffman v. Johnton, 95.

17. Where evidences of debt are received under an agreement, that when
paid, they are to go in discharge of so much, the assignee is bound
to use due diligence m collecting them; and on tailing to do so. to
return them to the assignor. Ib.

18. Where a party bound himself to secure the payment of motey, by
giving his notes payable so many days after date, but failed to do
so; it was held, that the debt should bear interest from the time the
notes, had they been given, would have fallen due. Chase v. Man-
hardt, 311.

19. Interest is paid for the use or forbearance of money; and therefore,
where a debtor Is prevented by law from making payment, or can-
not pay, because of any public calamity, such as that of a public
war, he will not be charged with interest. Ib.

20. But an attachment laid in his hands, as a garnishee, does not pre-
vent him from bringing the money into Court so as to stop inte-
rest; and therefore, if, as garnishee, he contests the plaintiff's claim,
either in his own right, or as an ally of the defendant, he will be
charged with interest. Ib.