272 HIGH COURT OF CHANCERY.

exceptions, the demand for full proof, and the plea of limita-
tions, an order was passed sustaining the plea of limitations as
to some claims, and settling other points, and referring the
case again to the Auditor, to state an account from which were
to be rejected all claims not then (the time of the audit) fully
proved, and in which the plea of limitations was to be allowed
against all claims liable to its operation, in favor of the parties
pleading or relying upon the statute. From the account stated
in conformity with this order, claims Nos. 11, 62 and 63, were
rejected for want of full proof, which had been demanded of
them, and certain other claims, by the owner of claims Nos.
12 and 30.

Before the confirmation of the Auditor's report, the owners
of said claims filed their petitions, for leave to furnish full proof,
which were set down for hearing on the 7th October, 1848,
with liberty to take the necessary testimony by that day. The
proof was taken and filed, and the question argued, was,
whether these claims should, at so late a day, be admitted to
participate in the distribution of the funds, which were insuffi-
cient to pay all the claims in full:]

THE CHANCELLOR:

The claims in question, have never yet been submitted to,
and adjudicated upon by, the court. If they had, and had been
finally rejected, through the negligence of their owners, the
case would be brought within the decision of the Court of
Appeals, in .Kent vs. O'Hara, 7 Gill & Johns., 212, and the
parties must take the consequences. It would not only be in-
convenient, but mischievous, to delay and embarrass the claims
of vigilant creditors, and procrastinate the final settlement of
estates, if parties were allowed, after full notice and opportunity
to establish their claims, to re-open the judgment of the court
pronounced against them, and ask for and obtain a re-hearing
upon additional proof.

But when, as in this case, no adjudication of the court
stands in the way, and the fund for distribution remains un-
disposed of, it seems to me, that equity requires, that the new