352 HAMMOND v. HAMMOND.—2 BLAND.

relying on the statute. Skewen v. Vanderkornt, 4 Cond. Cha. Hep.
458; S. 0. 6 Cond. Cha. Rep. 403; Strike's Case, I Bland, 91.

In general no claim can be considered as a debt cine by the de-
ceased; and, as such, entitled to be paid out of his estate, but that
which he owed at the time of his death, and was then, or there-
after payable: and the balance only of such a claim, for which the
deceased Avas then liable, is the amount to be satisfied in whole, or
iti due proportion. As to Annuities, Williams' Case, post. 3 vol.
Where the assets are sufficient to pay all the creditors of the de-
ceased; or where there is an ample solvent fund, it cannot be necs-
sary to attend to the order in which the debts are satisfied, or to
adjust any apportionment among' them; since nothing can be
awarded to the next of kin or legatees, heirs or devisees of the
deceased, or to the debtor himself until all his creditors have been
satisfied to the full amount of their respective claims, principal
and interest; for if a creditor is entitled to any interest it is as
much a debt as the capital itself. Bromly v. Goodere, 1 Atk. 75;
Roice v. Bant, 1 Dick. 150; Lloyd- v. Williams, 2 Atk. 111; Ex parte
Morris, 3 Bro. C. C. 79; Ex parte Champion, 3 Bro. C. C. 430; .Ex
parte Mills, 2 Yea. Jim. 295; Ex parte Clarkc,s 4 Vets. 677; Ex parte
Reeve, 9 Ves. 590; Butcher v. Churchill, 14 Ves. 573; Ex parte Jfoe/c,
1 Ves. & Bca. 344; Bertie, v. Abingdon, 3 Meric. 566; Turner v.
Turner, 1 Jac: ct Wal. 39; Ex parte Deey, 2 Ball, tk Bea. 77; Dick-
ennon v. Harrison, 2 E.veh. Rep. 105; Poic. Mort(/. 291; Chase v.
Manhardt, 1 Bland, 346.

* A statement liquidating the amount due to each credi-
367or, inclusive, or exclusive of interest, must always be made,
in a creditor's suit, according to the nature of each claim. And
therefore, it is necessary, in all such suits, that the nature of the
claim for interest, and the mode of computing it should be attended
to, in order, that a correct distribution may be made, even where
the fund may be sufficient to pay all; and more particularly so
where, the estate being insufficient, the several claimants can only
be satisfied in part and in due proportion.

Interest on money is defined to be the compensation which the
borrower pays to the lender for the profit which he has an oppor-
tunity of making by the nse of the money; part of that profit
naturally belonging to the borrower who runs the risk, and takes
the trouble of employing it; and part to the lender who affords
him the opportunity of making the profit. Smith's Wealth Nat. lib-
1, ch. 6, p. 72; 2 Fonb. 423. According to this definition, it is only
that part of the interest which belongs to the lender, and which
he may legally sue for and recover, that is now, and so often be-
comes the subject of judicial consideration.

In England, according to the principles of the common law.
interest was not allowed upon a sum certain, payable at a given
day. The action of debt being the only mode of recovering a