82 HIGH COURT OF CHANCERY

ment had been made by Thomas T. Wheeler with his repre-
sentatives, dated 3d November, 1842, by which, for a valuable
consideration, he released them from all liability on account
thereof, and agreed to indemnify them for any loss by reason of
the same, "provided always that the said Thomas T. Wheeler
shall have full power and authority to defend any suit at law
or in equity, which may be instituted against the representatives
or heirs of the said Odel, or either of them, on account of the
said single bill."

Upon this agreement the Auditor gave Hilleary the benefit
of the lien of the judgment, charging him with only one-third,
and the proceeds of Wheeler's property with two-thirds.

By his statement, there appeared to be due on the judgment
after crediting all payments up to the time of the payment in
full by Hilleary, the sum of $2329 62, to which was added
so much as he had paid over and above his one-third, with in-
terest thereon to the day of sale, making the sum of $2880 27,
less than the whole amount of the judgment, principal and in-
terest, without the credits on account of the payments made by
Wheeler and Thomas Hilleary, deceased. It was intended by
the complainant, that by this statement, Hilleary would receive,
even on the hypothesis that Wheeler's estate was responsible
for two-thirds, the sum of $428 14 more than he was entitled
to. The original debt being $1800, with interest from the 17th
March, 1825, Thomas Hilleary paid $570, on the 7th of May,
1829, the costs being then $17 97. On the 28th November,
1837, additional costs amounting to $5 31, having been in-
curred, John H. Hilleary, the claimant, paid $600, and on the
2d April, 1836, Wheeler paid $300. Additional costs, amount-
ing to $12 08, were afterwards incurred, and Wheeler paid 12th
December, 1845, $250.

The complainant excepted to the Auditor's report.
1st. Because compound interest was in effect allowed, and
the estate of Wheeler was at the farthest only bound for two-
thirds of the original debt and interest.

2d. Because the judgment was improperly allowed as a lien.
3d. Because Wheeler was only bound for one-third.