172 HIGH COURT OF CHANCERY.

the last mortgage, except to the amount to which the erroneous
modes of calculation may have swelled the sum secured by it.

I do not think the last exception taken by the defendant to
the statement of the auditor can be maintained. The entire
mortgaged premises, and the sum intended to be secured by the
mortgage are assigned, and as between the mortgagor and the
assignee, I am not aware of any principle which will enable
the former to make such an objection to the payment of the en-
tire debt.

It is, thereupon, ordered, this 24th day of January, 1848, that
this case be, and the same is hereby again referred to the Audi-
tor, with directions to state another account for the purpose of
ascertaining the amount due upon the mortgage in the proceed-
ings mentioned, from the defendant to the late Beale Duvall,
executed on the 28th of October, 1834, in which account such
corrections shall be made of the settlement, marked exhibit No.
2, as shall make it conform to the views herein expressed, and
the amount to appearing to be due with interest thereon from
the date of the settlement, to the date of the mortgage, shall be
taken as the sum secured by the latter, and the basis of the ac-
count now to be stated. All exceptions at variance with this
order are overruled.

[No appeal was taken from this order.]

JAMES MALCOM, PERMANENT
TRUSTEE OF HENRY KEENE
vs.
WASHINGTON HALL, JR.

DECEMBER TEBM, 1847.

[DEED OF TRUST FOR BENEFIT OF CREDITORS—PREFERENCE—INSOLVENT
SYSTEM.]

IT has been settled by the highest authority in this state, that a debtor in failing
circumstances, may prefer one creditor to another, by a transfer of his prop-
erty made in good faith; and that, in similar circumstances, a transfer by a
debtor of his whole estate to trustees, for the equal benefit of his creditors,
is free from objection.