HAMMOND v.. HAMMOND—2 BLAND, 335
value; and therefore, ought to be sold immediately for the benefit
of creditors, without waiting for the particular estate to fall in; and
Samuel Earle's representatives........ £91 16s. 5 1/2d. May 1,1791.
James Harris.................................. 915s. 0d. Oct. 28,1792.
John Watson................................. 2 3s. 9d. Nov. 5,1792.
Robert Walters, as he has received
£9 4s. Od. which is the interest for 2
years 51 days, that length of time is
deducted from the time from which
interest was originally chargeable.
viz. 24th January, 1788................ 71 15s. 5 1/2d. March 15, 1790.
£175 9s. 8d.
Claims not established; the vouchers which the parties probably are pos-
sessed of not being produced.
Clement Sewell, (bond copy,).......... £52 4s. 3 1/2d. Aug. 1. 1784.
Isaac Wikoff, do. .......... 53 2s. 4d. Aug. 1,1799.
Esther Hindman. (supposed bond,).. 25 18s. 4d. Sept. 15,1789.
do. do. account................ 18 5s. lid. Aug. 18. 1798.
£148 10s. 10 1/2d
Total of claims, as follows............... £324 0s. 6 1/2d. without interest.
James Hindman, as administrator, &c. has a bond for £112 11s. 6id. en-
dorsed with receipts for £2 17s. 3d. and £5 9s. 10 1/2d.; and also by amount of
taxes, the sum not mentioned. So that the amount of his claim cannot be
precisely ascertained, although his claim was the foundation of the decree.
William Hemsley. one of the complainants, says in the bill, that the de-
ceased was indebted to him by bond, &c. leaving blanks for the sum. The
answer admits this blank claim. If the solicitor has the bond, he never has
produced it. The neglect of creditors to send their vouchers, or of their
counsel to produce them, is a source of much trouble to the Chancellor. In
the present case, it seems, the trustee has received money, and the Chan-
cellor cannot direct the application, unless he gives a preference to those
whose claims are ascertained; and if he does this, it is more than probable,
that clamors will ensue. He must, however, do this, unless the creditors
shall think proper to produce, within a short time, the proofs by which their
claims are to be supported. It is the Chancellor only who is to decide; and,
therefore, the original papers are to be lodged in the Chancery office. There
can, indeed, be no good reason wherefore a creditor, whose claim is allowed,
and is to be satisfied, should retain the bond, note, or other thing on which
his claim is founded.
By all decrees for sale, &c. the money arising from the sale, is directed to
be brought into Court. And this part of the decree is not only conformable
to the provisions of the law. giving the Chancellor jurisdiction, but is meant
for the security of those interested in the decree, in case they cannot settle
the matter without bringing the money into Court. This, however, is sel-
dom done; and the receipts in writing, of the parties to whom the money is
to be paid, when brought into Court, are admitted instead of money; that is
to say, when the claims are passed by the Chancellor, to be fully paid, or a
dividend is struck by the Chancellor, the trustee may pay the money in the
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