504 POST v. MACKALL.—3 BLAND-

and where it is clear, that the creditor can sustain no loss, nor be
in any way delayed, or have his claim subjected to any additional

83,161.53, with interest from the 6th February, 1822, to the 27th March, 1839,
$3,235.83; making $6,397.36—which is greater than the sums assessed upon
his portion of the devise and Edward Gibson's. The auditor has, in appor-
tioning the complainant's debts amongst the devisees, included Lloyd, al-
though he appears to have paid more than his proper proportion; because
that is no defence against a creditor. The creditor, it is conceived, has also a
right to require this assessment to be made as against the bank, because
there does not appear to be any reason for allowing the bank, by its agree-
ment with the owners of any part of the mortgaged property to alter the
situation, or change the rights of any other creditor. In respect to the com-
plainant's claim, therefore, the property has been charged as if the agree-
ment for the sale of Lloyd's portion had not been assented to by them. Al-
though the auditor has excluded Blake's heirs, and Lloyd, from contribution
towards the payment of the complainant's claim, the former being already
excluded, and the bank being substituted in the place of the latter, as will
be seen hereafter, they have been charged with their proper proportion of
costs, inasmuch as the decree went against them in common with the other
devisees; and a payment of one creditor is no just defence against the claim
of another; unless the assets have been consumed. But in giving the bank
the substitution above mentioned, the other devisees pay only to the extent
of the benefit they have received from the payment made by the bank, so as
to leave the bank to stand in the same situation in which the complainant
would have stood, if he were seeking from them the paymant of his claim.
If then, the bank seeks from the other devisees payment of the portions of
that debt paid by Edward Gibson's interest, the following will be the result:
Loss to the banlf as above, $3,045.50; of which Mrs. Tilton would repay
$176.07; Mrs. Reynold's, $807.89; Bennett's heirs, $155.86; and Lloyd's heirs
for proportion of costs, $120.77; amounting to $1,360.50; leaving an eventual
loss of $1.785.31.

The auditor now proceeds to distribute the funds in the hands of the trus-
tee amongst the several parties according to the views heretofore presented
in his report; and in doing so will assess upon the property sold, all the com-
missions and expenses of the sale; and the other costs upon all the property;
except Mrs. Tilton's interest and the devise to Clara Tilton. He will then
assign all of Mrs. Tilton's interest that may remain, after discharging its
appropriate liabilities, to the complainant, in payment of so much of his
claim, leaving to her a remedy against the other devisees. He will then
proceed to shew in what proportions the devisees ought to pay the balance
of the complainant's debt, and repay Mrs. Tilton. In apportioning the debt
of the complainant amongst the devisees, the only motive of the auditor is
to shew by what payments the other devisees may avoid a sale; and, if any
one should pay the whole, what his equity against the others would be.

Credit for the whole amount of sales as per auditor's report, filed on the
8th of May, 1840, $15,637.36. Against which debit: Commissions and ex-
penses of trustee, $728.47; costs in this Court and the Court of Appeals,
$879.17; additional costs; register's fees, $23.07; tax, 50 cents; depositions,
$45.00; and auditor's fees, $42.00; making $110.57; amounting altogether
for commissions, costs and expenses, to §1,718.21. To the Farmers Bank
for their mortgage debt, $13,739.55: deduct losses above, $5,045.55; then add,
to be repaid by Mrs. Tilton, $176.07; leaving due to the bank the sum of
$10.869.82. To James Tilton, for his life estate in Mrs. Tilton's equity as