488 POST v. MACKALL.—3 BLAND.
tor, and the exceptions thereto, and the solicitors of the parties
having been heard, the proceedings were read and considered.
The Court is now called on to have the assets of this deceased
debtor so distributed as to produce the greatest amount of satis-
faction to his several creditors; all of whose claims have been
either expressly admitted, or left unopposed by his legal repre-
sentatives. But some of these creditors, by relying on the Statute
of Limitations and other exceptions against their rival and co-
creditors, have endeavored to protect their own satisfaction from
being lessened, by an application of any part of the assets to the
discharge of the * claims to which they have thus objected.
498
Some others of these creditors have obtained absolute judg-
ments against the administrators of the deceased debtor, which,
it is insisted, should be treated as a complete exoneration of his
real estate; others of them have specific liens on the property from
which the proceeds now to be distributed have been raised; and
one of them holds a lien, as a security for its debt, on land lying
beyond the jurisdiction of this Court; thus altogether presenting
a complexity of conflicting interests and equities of unusual occur-
rence.
According to the mode of proceeding under a creditor's bill,
each creditor is allowed to come in without any other formality
than the mere filing of the voucher of his claim; and to be thence-
forward considered as a party to the suit. Hammond v. Ham-
mond, 2 Bland, 365. If the Statute of Limitations, as in this in-
stance, be relied on, in general terms, as against any claims, that
period of limitation must be understood as having been intended
to be insisted on, which is properly applicable to the nature of the
claim; as where it is founded on a mortgage of the realty twenty
years, if on a judgment or specialty twelve years, and if on a
simple contract three years must be considered as the bar relied
on. If the Statute of Limitations be relied on generally by a
creditor against the claim of a co-creditor, it can be allowed to
prevail only in so far as it is applicable to the representative hold-
ing the real or personal estate of the deceased who it is proposed
to charge in respect of such assets; as where the claim was merely
a simple contract debt due from the deceased, upon which a judg-
ment had been recovered against, or a, promise of payment made
by the executor or administrator, the claim could not be barred as
such against the executor or administrator; because of such judg-
ment or promise; but as that cannot bind the heir or devisee, the
claim will not be allowed against him if barred as a mere simple
contract debt. The day of filing the voucher of the claim is, as
to it, the date on which the suit for its recovery was instituted;
and up to which the Statute of Limitations, if relied, is allowed
to run. Welsh v. Stewart, 2 Bland, 41; Serndale v. Hankinson, 2
Cond. Cha. Rep. 198. All objections to claims, thus coming in
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