64 STRIKE'S CASE.

The plaintiffs excepted to this report, 1st. Because there is no
evidence sufficient in law to support the various claims stated in
said account, except the complainants' claim, filed or exhibited in
the cause. 2d. Because the said claims, or the greater part of
them, have been paid and satisfied—your exceptants particularly
charge that the following claims, reported by the auditor, have been
folly satisfied, viz: &c. and others which the exceptants will be pre-
pared to prove as this court may direct. 3d. Because the whole of
said claims are barred by the act of limitations, which your exceptants
plead and rely on in bar of said claims. 4th. Because from the
laches and neglect of the several parties, named in said account and
report as creditors, to prosecute their several claims, they are not
entitled to the aid of this court, or to come in for a proportion of
said funds; and have not applied to be let in for such distribution.
5th. Because said report and account are not in conformity with
the evidence in the cause, or warranted by the principles of equity,
and are in other respects erroneous.

The defendant, Strike, excepted to the report of the auditor.
1st, Because the auditor hath not stated the claim of the said Strike
which is filed in the said cause, and the evidence which shows the
veracity of the said claim sufficiently proved therein. 2d. Because
the auditor in his report hath mistaken both the law and the fact
relating to the said claim of the defendant Nicholas Strike.

31st January, 1825.—WARD, Associate Judge.—In this cause,
upon motion of the complainants' solicitor, it is ordered and decreed,
that it be referred to the auditor of this court, to state an account
of the sums appearing due in this cause from the defendants, or
either of them, to the plaintiffs; and also to take an account from
the proofs in the cause, or such other proofs as may be required by
him of the rents and profits of the several premises contained in
the deeds of 16th January 1811, from the defendant Rogers to the
defendant Strike; and also of the taxes and necessary repairs paid
on the same by him; and also such further account as he may be
directed to take by the said plaintiffs or defendants, and submit the
same by report to this court, reserving further consideration, &c.

On the 17th May 1825, the auditor reported, that since his for-
mer report, the complainants had filed additional claims against
Rogers, which were therewith stated. And the auditor further reports,
that since the 13th February 1824, when he stated an account
between the estate of John Rogers and Henry W. Rogers and