658 INDEX.—3 BLAND.

DEBTOR AND CREDITOR — Continued

29 After the sale has been ratified, and the purchase money has become
due, the purchaser, and his sureties, maybe ordered to pay, and,
on their failing to do so, the land may be re-sold at the risk of the
purchaser Ib.

30 Where it appears, in a creditor's suit, that there is any personal estate
left, the executor or administrator should be decreed to account Ib

31 A decree for a sale establishes the whole or a part of the plaintiff's
claim. Ib

32 Where a creditor neglects, on being actually notified, to come in,
under a creditor's suit, against the estate of the deceased as his prin-
cipal debtor, such debtor s sureties will be discharged Ib

33 A discount in bar, if not distinctly specified and admitted, must be
shewn and established by him who is to benefit by it, or it will be
rejected Ib

34 Where there has been a partnership, the partnership debts must be
first paid out of the joint estate, and the separate debts first paid
out of the separate estate I b

35 Where it appears doubtful upon the face of the voucher, the claimant
must shew whether the deceased was principal or surety Ib

36 Where the deceased was bound only as a surety, the principal and co-
surety, if there be one, must be shewn to be insolvent Ib

37 The original bond, bill, or note should be produced or, if lost, an
authenticated copy, or other proof Ib

38 No claim can be admitted which did not exist as such, against the
deceased Ib

39 Claims withdrawn, to be lestated considered in the nature of an
amended bill Ib

40 Where creditors come in so late as to require the distribution to be
re cast, they must defray the expense of such re statement Ib

41 A deciee for a sale of the realty in a creditor s suit, in general
establishes the plaintiffs claim, and the insufficiency of the personal
estate Post v MacLatt, 477

42 Where a creditor of any kind, comes in under the decree he is
bound by it, but where there is an outstanding incumbrance, the
surplus will not be paid to the defendant to the prejudice of the pur-
chaser Ib

43 An absolute judgment against an executor or administiator conclu
sive as between the parties to it, but not so as between such credi
tor and the heir, yet the heir may, to that extent, obtain reim
bursement from the executor or administrator Ib

44 The personal estate must be so disposed of as to leave no superan-
nuated slave a burthen upon it, or upon the public Ib

45 The marshalling of assets, in what cases it may be made without
prejudice to the creditor Ib

46 Where a claim, in a creditor's suit, has been put in issue and estab-
lished between the proper parties, it cannot be called in question by
any other creditor who may come in thereafter Cape Sable Com-
pany's Case 587
See CORPORATIONS, 14
EVIDENCE, 5
LIEN, 4,11,14