STRIKE'S CASE.—1 BLAND. 87

relied upon by any of the creditors; and the validity of such
objections will sometimes be directed to be tried on an issue at
law. Ex parte Dowdney, 15 Ves. 497; Jolliffe v. Pitt & Whistler,2
Vent. 694 Gifford v. Hart. 1 Scho. & Lefr. 409; Ciril Code Napol
Art. 2225.

In this State, similar principles have been held, and sanctioned
in the Case of William Sluby's Estate:—In that case, Chancellor
HANKOW observes, in speaking of the liability of the real estates
of deceased persons to be sold for the payment of their debts,
under the Act of 1785, ch. 72, that "no mode is prescribed by the
Act for establishing the debts. It is left entirely to the Chancel-
lor's discretion. But, (he observes,) it is a rule to admit claims on
such proof as is prescribed for, and is satisfactory to an Orphans'
Court; and even to admit claims passed against an executor or
administrator by an Orphans' Court, unless objected to by some
person interested, viz: by a creditor of the deceased, or his exe-
cutor or administrator; or by the guardian of the infant." The
Chancellor then goes on to speak of the manner in which such
objections should be tried; and in substance declares, that he
would not direct an issue at law for that purpose, but in extraordi-
nary cases. Ringgold v. Jones, ante, 88, note; Edmondson v. Fra-
zier, ante, 92, note; fteetcen v. Vanderhorst, 1 Russ. d: Myl. 347;
S. C. 2 Russ. & Myd. 75.

There can be no difference, in point of equity, between the case
of a creditor's bill against a deceased person's estate, and a credi-
tor's bill, as in this instance, against an insolvent's estate. There-
lore, upon principle and authority, it is competent for these origi-
nally suing creditors to make these objections, and to rely upon the
Statute of Limitations, m opposition to these claims of the other
creditors who have come in since the institution of this suit. But
in applyiug the Statute of Limitations m such cases, it must be
with all its saving provisoes; and also subject to the resuscitating
qualifications of such acknowledgments as are deemed sufficient to
take a case out of the statute; of which a statement in an insol-
vent's schedule may be considered as one, where the claim and
schedule agree. And the statute, as in other cases, must be allowed
to commence its operation from the time the debt accrued; and to
run on until the creditor came in, by filing his petition, or the voucher
of his claim.

The plaintiffs, by their bill, found their claim against the de-
fendants, upon contracts made with Henderson and Eogers; and
the * decree of May, 1822, recognizes and affirms their claims
of that description; and the proofs derived from competent 95
witnesses, will enable the auditor, in fulfilment of that decree, to
refer to the notes and vouchers, to ascertain the amount, and to
compute the interest thereon.