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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 485   View pdf image (33K)
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POST v. MACKALL.—3 BLAND. 485

them is barred by the Statute of Limitations. To all the before
mentioned claims, they object, that judgments against the admin-
istrators of the deceased are no evidence in a suit instituted for
the sale of the real estate; and that the original vouchers, or legal

-evidence of its existence, if there be any, not being exhibited within
the time prescribed by law; and that the same are barred by the
Statute of Limitations. These exceptants moreover insist upon the
right to urge these objections as well against the claims of the
complainants, as of the other claimants; because these exceptants
were not made parties to the bill, and had no opportunity of con-
testing the same before the decree; and because, if said claims
were allowed, although the original defendants to the suit may not
be injured thereby, and therefore had no motive for insisting on the
objections herein before stated; yet the fund for the payment of the
bonafide claims of this exceptant would be greatly diminished,
and rendered insufficient to pay what is due.

The plaintiffs, by their petition, stated, that among' others of the
creditors of the deceased, the Bank of the United States'had filed
sundry claims for moneys due to it at its office of discount and
deposit at Washington in the District of Columbia; and alleged,
that one or more of the said claims are secured by a conveyance
of a part, or the whole of said real estate, made by the deceased
to a certain Richard Smith, cashier of said Bank, in trust tor its
use. and they submit, that the said lien shall be respected in all
the proceedings in this case. That the Bank, by filing its claim,
has become a party to this case; but, as the trustee Richard Smith

*is no party to this case, there maybe some doubt, whether
the trustees under the decree of the 4th of May, 1830, can 495
convey good titles to the purchasers from them. Whereupon the
plaintiffs prayed, that the Bank might be required to procure
its trustee Smith, to convey the real estate so held in trust by
him, to the trustees appointed by the decree in this case, in order
that they might convey good legal rifles to the purchasers, &c.

BLAND. C, 3d March. 1831.—It is a well settled principle,
in relation to creditors' bills, that where a creditor comer, in
after the institution of the suit, by filing the voucher of his claim
or otherwise, he and all who have an interest in the claim, either
as trustee, or cestui que truit. do thereby, to the full extent of their
respective interests, as expressed by such voucher, become parties
to the suit, and are bound accordingly by the decree in favor of
the purchasers under it; and also as regards all others who were
originally or may afterwards be considered as parties to the suit.
Mitf. Plea. 249;" Hammond v. Hammond, 2 Bland, 349, 388. It
is true, that in cases of this kind, where mortgagees, or other
like incumbrancers. are not made parties, or do not come in, they
are untouched by the decree; but if they once come in and con-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 485   View pdf image (33K)
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