DIXON VS. DIXON. 271

be ordered to refund it, and Green in any event cannot be held
liable until their inability is ascertained. It is not, however, to
be understood, that, in the opinion of the court, Green would
be liable in the latter event, that question being reserved. The
court will pass an order, referring the case to the Auditor, with
such directions, as can at this time be given; and reserving
such questions, as cannot now be safely decided.

[No appeal was taken from this order.]

DIXON ET AL.

vs. SEPTEMBER TERM, 1848.
DIXON ET AL.

[CHANCERY PRACTICE—LIMITATIONS.]

WHERE a claim has been submitted to, and adjudicated upon, by the court, and
finally rejected, through the negligence of its owner, he will not be allowed
to re-open the judgment of the court, and ask for and obtain a re-hearing
upon additional proof.

But, where no adjudication has been had upon the claim, and the fund for distri-
bution remains in court, equity requires that the new proof should be consid-
ered, and if found sufficient to remove the objection to it, the claim should
be allowed.

When funds are in this court for distribution among creditors and the Auditor
reports, that certain claims have not been proved, or objections for want of
proof, made to their allowance by parties interested, the case is again refer-
red to the Auditor, with directions to state a final account, from which all
claims not then sufficiently proved, are to be excluded, and leave is given to
supply the proof upon such terms, as to notices, as may be deemed reasona-
ble. Upon the coming in of the report of the Auditor, made pursuant to the
order, and after the usual time given for filing exceptions, the report may
be submitted for ratification, and when ratified, all parties are concluded,
and the litigation is terminated.

This is the general rule; but, there may be cases in which it would and ought
to be relaxed, when the party seeking relief can show himself free from blame
or negligence.

When limitations are relied upon, the defence avails only in favor of the par-
ties who set it up.

[This was a creditor's suit, and the Auditor's report, with
the statement of claims, having been set down for hearing on