434 WILLIAMSON v. WILSON.

make answer on oath or affirmation to the exceptions as prayed by
this petition, on or before the sixteenth day of May next, or shew
good cause to the contrary: Provided a copy of this order and the
petition and the exceptions therein referred to be served on each
of them on or before the tenth day of April next.

On the 21st May following they filed their answer accordingly.

Lot Ridgely and others creditors of the firm on the 6th of April
1827, filed exceptions to the allowance of several claims as stated
by the auditor; and at the same time by their petition prayed to
have leave to take testimony in relation to their exceptions.

1th April, 1827.—BLAND, Chancellor.—Upon this application
it must be recollected, that in a creditors' suit, as this is, each cre-
ditor has a right to assume the position of a plaintiff, as against
his debtor, whatever may be the nominal station of such debtor in
the suit then depending before the court; that each creditor, hav-
ing an interest in excluding the claims of all other creditors, so
far as the admission of their claims to a participation of the funds
would lessen the amount of satisfaction he would otherwise obtain,
has a right to plead the statute of limitations, or make any objec-
tion to the allowance of any claims which the debtor himself could
make under similar circumstances; and that each one of the
debtors, or their representatives, may make any defence against a
claim which he would be permitted to make if he alone were
charged as the only debtor. Hence it follows, that in taking testi-
mony in relation to such a contested claim, in order that it may be
impartially taken, the party requiring it must give notice to the
party directly to be affected by it, or to some one who has an inter-
est in cross examining the witnesses, and having their testimony
fully and correctly reported to the court. To give notice to all the
creditors would be impracticable; and to indulge the parties in
such cases in taking testimony without limit as to time would be
contrary to reason and the usual course of the court in similar
cases.

Whereupon it is ordered, that any creditor of the firm of Wil-
son, Williamson & Co., whose claim is stated or noticed by the
auditor in his report, and also the said copartners, be and they are
hereby severally authorized to take the deposition of any witnesses
in relation to such claims, before the commissioners appointed to
take testimony in Baltimore; provided, that three days' notice be
given as usual, by the creditor, in whose behalf the testimony is