78 STRIKE'S CASE.—1 BLAND.

ment of a trustee.(r) And there are instances in which the credi-
tors have been called in before a decree, in order to ascertain the
amount necessary to be raised by a sale of the real estate. (s) But
with these exceptions the course has been for the creditors to
come in by filing the vouchers of their claims, in the Chancery
office: and this may be regarded as the present well established

(r) McMECHEN v. CHASE. — This was a suit instituted by a creditor of a de-
ceased debtor against his heirs to have his real estate sold for the payment of
his debts. — In. which suit Elizabeth Edwards, by petition, setting forth, that
her testator was a creditor of the deceased, prayed to be admitted as a co-
plaintiff. so as to come in, participate. &c.

KILTY, C., 1st October, 1816. — The prayer of the above petition is granted.

After which there was a decree for a sale, under which a sale was made
and confirmed; and sundry other proceedings were had, when the case was
brought before the Court.

KILTY, C, 6th November. 1820. — I consider the practice, as to the Act of
Limitations, to be similar to that of the Courts of law. If the defendant, in
his answer, contests the claim in any other manner, without pleading, or
relying on the Act, he cannot afterwards resort to that defence. Claims
filed, on the sale of a real estate, by creditors, not originally parties, are sub-
ject to be contested by the heirs; not usually by answer, but by some writ-
ten notice of their defence- A defence was made in writing to this claim,
on the part of the heirs, on the 10th of February, 1818: after which wit-
nesses were produced, on both sides, and proceedings were had before the
auditor. The plea, now relied on. was tiled on the 10th of December. 1819,
and cannot be admitted.

(s) CORBIE v. CLAEKE. — This was a creditor's bill filed on 22d April, 1800.
It begins thus: "The bill of complaint of James Corrie, administrator of
John Corrie, and in his own right, in behalf of himself, his intestate's estate,
and others the creditors of Parrott Clarke, late of Caroline County, deceased,
sheweth that the said," &c., &c.

HANSON, C., 19th May, 1802. — Ordered, that the creditors of the said Par-
rott Clarke, by the publication of this order, at least three times before the
16th day of June next, in the Eastern newspaper, be notified to bring into
this Court their respective claims, with the vouchers thereof, on or before
the 16th day of August next, to the intent, that there may be ascertained
the sum necessary to be raised by a sale of the real estate of the deceased
for the payment of his just debts.

After which the case came on for a final hearing.

HANSON, C., 4th January, 1803. — The complainants' claim against the said
Parrott Clarke, deceased, being established to the satisfaction of the Chan-
cellor, and it appearing, that the personal estate of the said Parrott Clarke
is insufficient for the payment of his debts — decreed, that the lands be sold,

A sale of the real estate was made, reported, and finally ratified accord-
ingly. A commission had heen issued in the usual form, to appoint a guar-