622 CAPE SABLE COMPANY'S CASE.—3 BLAND.

said claim has any foundation in Jaw or equity; and also deny,
that, if deemed a creditor at all, the said Robert Oliver is to be
considered a judgment creditor, or entitled to any preference what-
soever as a creditor; and also object, and plead the Act of Limi-
tations against said claim. Similar exceptions have been filed by
P. G. Lechleitner, who has exhibited a claim against the said
estate. The auditor thinks he is bound to consider Robert Oliver
as a bona fide judgment creditor, and allows the claim accord-
ingly.

Claims No. 2,3,4 and 5, are on judgments rendered against the
company, and now entered for rhe use of Charles Carroll of Car-
roilton. The complainants and P. G. Lechleitner have filed objec-
tions to the said claims, similar to those before stated against
* claim No. 1. The auditor reports, that those claims are
644 also allowed as bona fide judgments.

The solicitor for Robert Oliver has instructed the auditor to
allow claim No. 1, a preference over all other claims against said
estate. And the solicitor for Charles Carroll insists, that No. 2,
3, 4 and 5. are to have preference over claim No. 1, and all other
claims. The auditor is unable from the evidence now before him
to determine this question of priority.

The said Philip G. Lechleitner has also relied on similar excep-
tions to claim No. G; the claim of James Neilson, deceased. And
the defendant Robert Oliver has, by endorsement on the said
claim, objected, that the same is not due, and also, that it was
barred by the Act of Limitations. As to the sum of $393.66, the
principal and interest of Philip G. Lechleitner's note to and en-
dorsed by Richard Caton, the said claim is destitute of proof: as
there is no evidence to connect the said note with the transactions
of the company. The residue of the claim is for the amount of
two bills of said Lechleitner's, and one Gerard Troost on Alex-
ander Mitchell, in favor of Richard Caton, and by the latter en-
dorsed; which bills profess to be on account of the Alum and Cop-
peras Company; or, as it is supposed, of the Cape Sable Company.
To those bills is annexed a copy of a bill of sale, by said Lechleit-
ner and Troost, to James Neilson and Rosewell L. Colt, of all the
grantor's interest in the Alum and Copperas Works at Cape Sable
under their contract with the Cape Sable Company, in trust,
amongst other things, to secure the payment of the sum of five
thousand dollars due to said James Neilson, on certain promissory
notes of said Lechleituer and Troost, endorsed by said Richard
Caton, and Alexander Mitchell as agent of the said company, and
discounted tor said Lechleitner and Troost, to enable them to
carry on the Alum and Copperas Works at Cape Sable; and also
all other debts which are or may be contracted by said Caton
or Mitchell, or to which they or either of them may be a party