32 WELCH v. STEWART.—2 BLAND.

to which these plaintiffs are so entitled as trustees; it is ordered,
that this case be, and the same is hereby referred to the auditor,
with directions to state an account accordingly, from the pleading's
and proofs now in the case, and from such other proof as may be
laid before him. And the parties are hereby authorized to take
testimony in relation to the said account of the rents and profits
before any justice of the peace, on giving three days notice as
usual, provided, that the said testimony be returned and filed in
the Chancery office, within twenty days after the day on which
the trustee, John Scott, shall have made and filed his report of the
sale of the said property.

And it is further decreed, that the said report of the auditor
filed on the 13th of March, 1827, so far as the same is in any
manner at variance with this decree, be, and the same is hereby
set aside and rejected; and the residue thereof is hereby affirmed.

37 * WELCH v. STEWART.
CREDITORS' SUIT.—LIMITATIONS.

In a creditors' suit, the decree for a sale establishes the plaintiff's claim;
unless it be otherwise declared; except as regards a fraud not put in
issue and decided on by such decree, (a)

A plaintiff cannot be permitted to split up and multiply his causes of action;
and therefore, if he knowingly withholds a part of his claim until after
the decree for a sale, it will be rejected; but without prejudice. (6)

In a creditor's suit the Statute of Limitations continues to run against a
creditor who comes in, before or under the decree, until he files his peti-
tion or the voucher of his claim; but no one can rely on the statute
against a claim, after any act done, or sanctioned by him, which implies
an abandonment of such a defence, or that the claim is to be met upon
its merits, (c)

THIS bill was filed on the 2nd of August, 1827. by Robert Welch,
of Ben. and others, as creditors of David Stewart, deceased, against
Henry H. Stewart and others, the administrator, heirs and legal
representatives of the late David Stewart. The bill sets forth,
that the late David Stewart was indebted to several persons in the
manner described, to which claims the plaintiff Welch had become
entitled; that the deceased debtor had, in his life-time, conveyed
certain property in trust for the benefit of the creditors named in

(a) Approved in Rhodes v. Amsinck, 38 Md. 351. As to creditor's suits
generally, see Hammond v. Hammond, post, 306.

(b) Cited in Gibbs v. Cunningham, 4 Md. Ch. 325.

(c) Approved in Willams v. Banks, 19 Md. 36; Brendel v. Strobel, 25 Md.
400; Hall v. Ridgdy, 33 Md. 310; Young v. Mackall, 3 Md. Ch. 409. See Ham-
mond v. Hammond, post, 306.