270 HIGH COURT OF CHANCERY.

Some stress is laid upon the fact, that the order of the 12th
February, 1847, was passed by consent of parties; but if this
be so, it would be as irregular to enlarge it, as to diminish it.
If because it was passed by consent, Green must at all events
comply with it, it would seem to follow, that the other parties
are equally concluded, and that they have now no right to call
upon him to pay in a larger amount.

I do not, however, put my opinion entirely upon the ground
of its having been passed by consent, though that circumstance
may be entitled to some consideration. It stands as an unre-
scinded order of the court, and must be obeyed.

The court does not see at this time any sufficient reason for
rescinding it, and its having been passed with the assent of the
parties, certainly would prevent me from interfering with it up-
on any but very strong grounds.

The rights of the parties to the money, can be adjusted as
well after it is paid in, as at this time.

With regard to the sum of $4592 69, advanced by Green,
to Gorman and Riddle, on the 2d September, 1846, it may not
be easy at this time to determine, whether that is the piecise
proportion of the fund, to which they are entitled. It cannot
be disputed, I presume, that they were entitled to three-fourths
of the net amount of the money received from the government,
applicable to the claims assigned to them and Putney, and per-
haps, therefore, in any view of the case, justice may be done to
Putney, out of the fund now under the control of the court,
without recalling any portion of that which has been paid to
German & Riddle.

It is insisted, that Putney's share, whatever it may be, must
go to Green, as his trustee in insolvency, and it is also insisted
that he contributed no part of the money with which the claims
of the creditors were brought up.

These questions will be for the present left open, to be deci-
ded when the Auditor shall have made his report, but the money
so paid, I think, should not, under the circumstances, be ordered
to be brought in. If these parties, Gorman and Riddle, have
received more than their proportion, they at the proper time will