90 HIGH COURT OF CHANCERY.

The propriety of the allowance of these two credits constitu-
ted the main ground of the defence, made by the defendant, as
their allowance would render the complainant indebted to him
to a small amount.

The complainant excepted to this answer, as not being re-
sponsive to the allegations in the bill, as to the sum for which
the slaves were sold, as to the alleged disposition of other por-
tions of the mortgaged personalty, the deposit of the proceeds
of sale in the said bank; the continuance of a residue of the same
on deposit there; the intention of selling other portions of the
mortgaged property besides the negroes; and the courtesy inter-
est. These exceptions having been argued, together with the
motion to dissolve the injunctions, the Chancellor delivered the
following opinion :]

THE CHANCELLOR:

With regard to the last of these credits, (the set-off claimed,)
it is sufficient to say, that if the voucher upon which it is
claimed, can hereafter be used as the evidence of a title to re-
imbursement from any one, it can certainly not be set off
against the claim of this complainant founded upon his mort-
gage. If the defendant Stewart, has, in respect of this trans-
action, a claim against any party, it is against the estate of
Thomas R. Cross, upon which letters of administration were
granted to him and the complainant. Surely, the complainant,
Brown, cannot, out of his own estate, be made to pay the
debt of a man upon whose estate he has administered, to his
co-administrator, in a proceeding like the present. If he, the
complainant, be liable exclusively for the payment of this debt,
it is a liability in his representative character, and cannot be
set off against a debt due him in his own right. With respect
to the remaining credit, claimed by this defendant, indepen-
dently of the other objections insisted upon in the argument,
I deem the settlement and the sealed acknowledgment of the
21st December, 1843, as conclusive against it, in the present
state of this case. If the defendant, Stewart, was entitled to
this credit, he was so entitled prior to, and at the date of the