INDEX—2 BLAND. 659

DEBTOR AND CREDITOR.—Continued.

56. The auditor's statement allows interest to the claim of each creditor
if entitled to it, and the aggregate thus shown is considered as the
liquidated debt then due to each. Ib.

57. If the statement is confirmed the whole carries interest from the date
to which the confirmation relates. Ib.

58. No interest is allowed upon costs. Ib.

59. The rule for computing interest in cases where the debt carries inte-
rest, and the debtor has made partial payments. Ib.

60. Simple contract creditors cannot sue and recover, at law, from the
heir, merely in respect of assets descended; but must file a creditor's
bill. Ib.

61. The claims of all, or of some one of the creditors; and the insufficiency
of the personalty must be established, in order to obtain a decree for
a sale of the realty. Ib.

62. If the fact of the insufficiency of the personalty be denied, an ac-
count thereof must be taken, and the creditors notified to file vouch-
ers of their claims before there can be a decree for a sale. Ib.

63. In a creditor's suit, creditors who come in after answer, and before a
decree, cannot have their claims so put in issue as to be adjudicated
upon by the decree; yet such creditors may well be heard as to the
selection of a trustee to make the sale. Watkins v. Worthington, 486.

64. In the appointment of a trustee the recommendation of those credi-
tors who shew the greatest amount of debts will be allowed to have
the most weight. Ib.

65. The auditor's report confirmed as to all claims not objected to by him.
Ib.

66. Where it appears from the voucher filed by a creditor as evidence of

his claim, that the deceased was jointly liable with others, the credi- "
tor must shew whether or not the deceased was equally bound as a
debtor, or as principal, or surety; or whether he was bound with
others as co-surety. Ib.

67. If he was bound as principal, then the creditor is allowed to come in
for the whole amount; otherwise for only a proportion of his claim.
Ib.

68. Where the debt is joint and several all the debtors must be brought
before the Court; the exceptions to this rule. Ib.

69. A creditor's suit does not pi'ofess to be the demand of a single credi-
tor ; but is a call for the administration of the estate for the benefit
of all. 16.

70. The principles of equity in relation to the marshalling of assets and
securities. Ib.

71. Where a creditor has his debt secured by a lieu or mortgage upon two
funds, and another has an interest in only one of the funds, he may
compel the one whose debt is secured by both to resort to the other,
so far as it may be necessary to satisfy both claims. Ib.

72. This equity is never administered ex officio, nor at the suit of the
debtor, but only at the instance of one creditor against another; by
which the debtor may, nevertheless, indirectly derive benefit. Ib.

73. But the assets can never be marshalled to the prejudice of the credi-
tor, or so as to suspend or put in peril his claim, or upon any other
terms than giving him entire satisfaction. Ib.