658 INDEX.— 2 BLAND.

DEBTOR AND CREDITOR.—Continued,

36. A decree for a sale establishes the validity of some claim of a credi-
tor, and the insufficiency of the personalty, and those matters are no
longer open to question by the immediate parties. Ib.

37. No creditor who comes in under such decree can be allowed to im-
peach it, except on the ground of fraud, or because it makes an in-
jurious and illegal disposition of the property. Ib.

38. A decree for a sale virtually takes possession of the property, and
vests it in the Court for distribution. Ib.

39. After the Court has, by a decree, assumed the administration of the
assets, creditors may be prevented, by injunction, from proceeding
in other cases. Ib.

40. And the executor will not be permitted, at his pleasure, to apply the
assets in satisfaction of any particular claim. Ib.

41. How creditors and next of kin are to be notified; and how, and within
what time, they may be allowed to come in. Ib.

42. At any time before the fund has been actually parted with by the
Court, new claimants may be allowed to come in and participate.
Ib.

43. If the surplus has been paid away to the next of kin, &c., they may, in
some cases, be compelled to restore to the new claimant. Ib,

44. But if the whole estate has been paid to creditors, they cannot be made
to refund, and new creditors coming in take nothing by their appli-
cation. Ib,

45. The usual way for a creditor to come in is fay merely filing the voucher
of his claim, with an affidavit annexed such as is required for authen-
ticating a similar claim in the Orphans' Court. Ib.

46. A claim may be contested by a plaintiff, a defendant, or any one who
has been allowed to come in. Ib.

47. The Statute of Limitations may be relied on by any one who has an in-
terest in pleading it. Ib.

48. A creditor having a lien, although he cannot be compelled to come in
under the usual notice, may be made a party so as to have his in-
cumbrance cleared away for the benefit of the other creditors. Ib.

49. The mode of making distribution; on what amount; and the nature
of priorities. Ib.

50. A mortgage creditor, after having exhausted the mortgaged estate by
a sale, may come in against the other estate of his debtor, pari passu
with the other creditors. Ib.

51. The order in which the property of the deceased debtor must be ap-
plied. Ib.

52. Where a devise, for the payment of debts, is sufficient and effectual
the creditors can only come in as the will directs; but if it be insuffi-
cient or ineffectual, it is fraudulent and void as against them. Ib.

53. The personal estate, being the natural fund for the payment of debts,
if the heir or devisee pay the debt, he may obtain reimbursement
from the personalty. Ib.

54. If a creditor is entitled to any interest, it is as much a debt as the
capital itself. Ib.

55. Interest is given in almost all kinds of cases, and equity allows it in
every case where, under the circumstances, it might be recovered at
law. Ib.