POST v. MACKALL.—3 BLAND. 487

claims, lately filed in this case, and stated them as No. 34, 35, 36
and 37; that the claim No. 34, is a single bill of the administrator
de bonis non, of the deceased; and is therefore admitted as against
the personal estate; that the claim No. 37 is on a bond executed
by Edmund Key, Aquila Beall, and the deceased, with a condi-
tion, that Key should prosecute an appeal from a judgment reco-
vered against him by the obligees. A short copy of a judgment
against the administrator de bonis now, on this bond, is also filed,
which proves the claim as against the personal estate. But, in
order to prove it as against the real estate, the auditor thinks some
evidence must be offered as to the determination of the appeal:
and that only one-half of the claim ought to be allowed, unless it
is proved, that Aquila Beall is insolvent.

After which the plaintiffs, on the 25th of January. 1832, filed
the following additional exceptions, in which they insist upon their
* exceptions heretofore filed against the claims of the Bank
of the United States. And also except to so much of the 497
auditor's report as in any manner conflicts with their aforesaid ex-
ceptions. They except to the auditor's account A, between the
administrator de bonis non, and the estate of the deceased, for all
and every the reasons which are set forth and assigned as objec-
tions to said account in the auditor's report; except, that objec-
tion of the auditor against the allowance for $1,005, for the
value of negroes mortgaged, the mortgage having been produced
and admitted. They also except to so much of the accounts A,
and B, of the administrator de bonis non, as stated by the auditor,
as make allowances to him for moneys paid for county taxes; for
county taxes remaining due, and for the future support of the
negroes.

The creditors of the deceased, reported by the auditor as claim-
ants No. 9, 10, 12, 13, 14, 15, 16, 17, 21, 23 and 24, at the same
time, prayed leave to insist upon all the exceptions taken by the
plaintiffs to the reports of the auditor, aiid to have the same bene-
fit thereof as if they were again specially repeated. And, on the
same day, the Bank" of the United States excepted to all four of
the claims stated by the auditor in this his last report; because
they are barred by the Statute of Limitations; because No. 34 is
founded on a single bill by the administrator de bonis non, and can
be no evidence of a claim against the deceased; and because there
is no evidence to support claim No. 37.

Instead of taking testimony under the order of the 10th of No-
vember, the parties, by agreements filed, made what they deemed
sufficient admissions of the authenticity of the vouchers of some
of the contested claims, so as to bring the case before the Court.

BLAND, C., 14th February, 1832.—This case standing ready for
hearing and further directions on the several reports of the audi-