66 STRIKE'S CASE.

more, because, the same is barred by the statute of limitations, the
said claimants having laid by, without making any demand, until
these complainants, believing themselves the sole creditors, had by
their own exertions, and at their sole and great expense, succeeded
in setting aside the deeds in this cause mentioned, when they have
first presented their demand.

6th. For that the said report and statement is erroneous and
defective in point of law and fact; wherefore the said complainants
beg leave to except to the same, and pray that the report and
statement may not be confirmed by this court, but that the same
may be remanded to the said auditor, or set aside and annulled.

The defendant, Strike, excepted to this report,—1st. For that
the auditor hath not stated the entire claim of the said defendant
Strike, and that said claim is not correctly stated from the evidence
in the said cause.

2d. For that Strike claims the whole proceeds of the said sales
of the said property mentioned in the said report, statement, and
proceedings, in preference to all the other claimants in the said
cause, and will contend that he is so entitled.

3d. For that the said report and statement is erroneous and
defective in point of law and fact; wherefore, the said defendant,
Strike, begs leave to except to the same, and that the said report
and statement may not be confirmed by this court; but that the same
may be remanded to the said auditor, or set aside and annulled.

After which the plaintiffs, by their petition, founded on the pro-
visions of the act of 1824, ch. 196, prayed, that the case might be
removed to the High Court of Chancery, upon which it was so
ordered; and all the original proceedings were accordingly trans-
mitted and filed here on the 15th day of June, 1825.

The case having been here brought to a hearing upon the
exceptions to the several reports of the auditor, and for further
directions; it was much and strongly insisted, on the part of the
defendant, Strike, that under the concluding reservation of this
decree, which was altogether a new and peculiar one, every matter
was now open for discussion and adjudication, but the simple
circumstance of the sale of the property; that this decree was
entirely in the usual form, except the conclusion, which declares,
that "all equities as to the distribution of the proceeds of sale, are
reserved by the court for hearing on the trustee's report, on bringing
into court the money or securities arising on the sale." That by
the addition of this peculiar clause, to be found in no similar