WILLIAMSON v. WILSON. 441

validity, or which may ultimately be sustained by proof, are stated
as of course by the auditor, who in this, as in all subsequent
reports, in which he first introduces a claim to the notice of the
court, informs the Chancellor of all the objections and spe-
cial circumstances in relation to it, as they appear from the pro-
ceedings and vouchers submitted to him. But after the day
limited for bringing in claims is passed, and at any time before the
funds have been ordered to be distributed, any other creditor may
bring in his claim, and he will be put upon a footing with the other
creditors so far as it can be done from the funds then remaining in
court, by restating the account at his cost.

In a proper creditors' suit the decree for a sale of an estate for
the satisfaction of creditors, in general, is in itself a final decision
in favour of the claim of the originally suing creditor; because
there can be no such decree unless the plaintiff establishes his
claim in whole or in part. And therefore in such case, where the
whole amount claimed by the plaintiff has not been established, it
is proper, that the decree should expressly specify the debt decided
to be due; leaving the other claims or parts of claims of the plain-
tiff as stated in the bill to come in after, and be finally disposed of
on the usual application for further directions as to them and other
claims.

The auditor's first general report having prepared and arranged
all the materials for the judgment of the court, is usually suffered
to stand over as of course some short time, after it has been
returned and filed; during which time, or before it was made, a
plaintiff, or a defendant or a co-creditor, who has not by any pre-
vious act lost his opportunity or waived his right to do so, may
plead the statute of limitations or put in any exception to the claim
of any creditor, upon which he may ask the judgment of the court.
If such exception presents a question of fact, an answer on oath
may be called for, and proofs taken in relation to it; but if it pre-
sents only a question of law, then, or after the answers and proofs
have been returned and filed, a day may be appointed for the hear-
ing of the matter. But if after the lapse of a reasonable time no
exceptions are taken to the auditor's first general report, it may be
confirmed as to all claims, not objected to, and the payment of
them be ordered accordingly. If a creditor finds it necessary to
have time to obtain testimony to sustain his claim and remove the
objections made against it, he may have time allowed him to col-
lect his proofs for that purpose within or beyond the jurisdiction

56

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