THOMAS T. WHEELER'S ESTATE. 81

sonal and mixed, in trust to sell for the benefit of his creditors.
On the 1st February, 1847, the trustee, who had partly execut-
ed the trust, filed his bill in this court, making John H. Hillea-
ry, and others of the creditors, parties, for a sale of the property,
and for the direction of the court as to the management of the
trust. John H. Hilleary in his answer, set out his claims
against Wheeler, amongst which was that hereafter referred to
as No. 2. The cause was set down for hearing upon bill and
answer, and a decree passed by consent, in conformity with the
prayer of the bill, and directing an account by the trustee of the
sales made by him previous to the filing of the bill, "all equities
being reserved as to the creditors of the said Wheeler, entitled
under the said deed of trust, for or on account of the proceed-
ings of the trustee, previous thereto, nothing being herein in-
tended to affirm the propriety thereof," and with a similar reser-
vation Of the equities of said creditors as to the sales to be made
under the decree. The trustee thereupon proceeded to make
farther sales, reported those made before the decree and brought
considerable sums into court.

The case came up on exceptions to the Auditor's report as
to claim No. 2, in the statement of claims.

This claim was founded upon the joint and several single
bill of the said grantor, Thomas T. Wheeler, of Odel Wheeler
and Thomas Hilleary, all of whom were admitted to be prin-
cipals, for $1800, dated 17th March, 1825, and payable twelve
months after date, with interest from date, upon which judg-
ment was recovered at March term, 1829, of Montgomery Coun-
ty Court against Thomas T. Wheeler and Thomas Hilleary, in
the name of Thomas S. Wilson, the obligee, for the use of
Jonathan T. Wilson; which was revived at November term,
1843, against said Wheeler alone, in the name of the executors
of the obligee, for the use of the said Jonathan T. Wilson,
$570 being credited thereon, as of the 7th May, 1829, and
against John H. Hilleary, as administrator of Thomas, and was
afterwards paid by John H. Hilleary, as appears by his answer,
on which it was assigned to him. No proceedings were insti-
tuted against Odel Wheeler, the other co-obligor, and an agree-