WATKINS v. WORTHINGTON—2 BLAND. 493

itor, the case was submitted, as to all such matters as were riot
controverted.

BLAND, C., 15th May, 1830.—Ordered, that the report of the
auditor be, and the same is hereby ratified and continued; and the
trustee is directed to apply the proceeds accordingly. But all
claims to which any objections whatever have been made, as
therein mentioned, are hereby reserved until further order.

On the 18th May, 1830, the claimant, James Deale, excepted to
this report; first, because it did not appear from any part of the
proceedings, that Beale M. Worthington was surety for William
Warfield; and if Worthington was a surety, it was not necessary
to prove the insolvency of Warfield; and second, because the affi-
davits of Dnvall and Welch, afford sufficient evidence of such in-
solvency. And on the 20th of May, 1830. the Farmers Bank of
Maryland, a creditor, also excepted to this report: first, because
there was no evidence that Beale M. Worthington, was surety on
the notes which are the foundations of said claims; and did not
receive a valuable consideration thereof; and second, because if
he was, the proof was sufficient of the insolvency of the other
parties. And on the same day, George Wells, a creditor, in like
manner excepted; first because if the objections to claims Nos. 3,
18, 19, 20, 21, "25 and 26 be valid, the estate would be released
from the said endorsements; and therefore, the auditor's reasons
for rejecting the exceptaut's claims would cease: and second, be-
cause if the objections to Nos, 3, 18, 19, 20, &c., should be over-
ruled, it does not appear that this claimant had notice at the time
of the assignment, of said endorsements.

BLAND, C., 10th June, 1830.—This case standing for hearing, on
the exceptions to the auditor's report, the solicitors, * of

the parties were fully heard, and the proceedings read and 516
considered.

The general principles, referred to by the auditor, as the foun-
dation of his objections to the several claims for which the de-
ceased became liable only as an endorser, are these : That where-
ever it appears, from the voucher filed by a creditor as evidence of
his claim, that the deceased was in any way jointly liable with
others, the creditor must shew whether or not the deceased was
equally bound as a co-debtor, or as principal, or surety, or whether
he was bound with others as a co-surety. If he was bound as
principal debtor, then the creditor is allowed to come in for the whole
amount of his claim. But if the deceased was only bound as one
of two or more principal debtors, then the creditor must shew that
the other principal debtors are insolvent, or he will not be allowed
to come in for the proportion which such other principal debtor