MULLIKIN v. MULLIKIN. 543

they are liable as principals or sureties, or until all the other
heirs of the intestate have been fully satisfied and paid from
the proceeds of the sale of the intestate's estate now in the
hands of the court, or under its control for the purpose of
distribution.

Whereupon it is ordered, that this case be and the same is hereby
referred to the auditor with directions to state an account accord-
ingly, distributing the proceeds of the sale of the intestate's estate
now remaining under the control of the court; first among the heirs
of the intestate who have not been paid, or in so far as they have
not been satisfied; and the balance if any to the petitioner Daniel
Kent, as the assignee of Basil D. Mullikin, Baruch Mullikin, and
Regnal Mullikin; and to Benjamin H. Mullikin and Nicholas
Woodward: provided it shall appear, that they have each of them
paid or brought into court all sums of money, being portions of the
said intestate's estate which they or either of them as trustee, pur-
chaser or surety ought to have paid or brought into court, or for
which they or either of them is liable because of its not having been
so brought in or paid. But as there has been an appeal from the
decree of the 25th of June 1828, directing the land purchased by
Anderson to be sold for the payment of the purchase money due
from him, the disposition of that amount must be suspended until
that appeal has been finally determined; and consequently so much
of this case as is affected by that appeal cannot be embraced in the
statements contemplated by this order.

After which the auditor reported a distribution of the proceeds
as directed, which was confirmed by an order of the 4th of May
1829; from which Kent appealed; and, at June term 1831, the
order was affirmed by the Court of Appeals.