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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 690   View pdf image (33K)
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INDEX. 091

The peculiar and complex nature of the
duties of a chancellor, 678.
This court cannot order money in the
hands of a sheriff or officer of another
court to be brought into this court. —
Jones v. Jones, 461.

Under a bill against the heirs of a mort-
gagor, or for the sale of a deceased's
real estate to effect a division, the cre-
ditors of the ancestor may come in
against such realty on the ground of the
insufficiency of the personalty. — Lati-
mer v. Hanson, 52; O'Brien v. Bennet,
86; Fenwick v. Laughlin, 475; Spur-
rier v. Spurrier, 475.
Where a decree for a sale expressly or
tacitly affirms the validity of the plain-
tiff's claim, the allowance of interest
upon it is a subject of further direc-
tions. — Strike's case, 70.
It is most usual in the decree for a sale
itself to direct the trustee to give notice
to creditors to bring in their claims,
every thing in relation to which is the
subject of farther directions, 71.
It is not indispensably necessary that
the bill should state, that the plaintiff
sues as well for himself as others, it is
sufficient that such appears to be the
object of the suit, 84.
A creditor may be let in by petition either
before or after the decree, but the most
usual way is for creditors to come in by
filing the vouchers of their claims, 85.
If a creditor comes in after a distribution
has been awarded by the auditor, he
must pay the costs of the necessary
reaudit; but he can't be let in after a
final account has been ratified, 86;
Williamson v. Wilson, 441; Dorsey v.
Hammond, 468.
After the claim of a creditor has been
contested upon hearing, the heir cannot
plead or rely on the statute of limita-
tions in bar of it. — McMechen v. Chase,
The creditors may be called in before a
decree so as to ascertain what amount
must be raised by a sale. — Corrie v.
Clarke, 85.
Where an executor had paid away all the
personalty and had nothing to answer
pending suits against him, he was per-
mitted to have the creditors called in to
partake of a surplus of a mortgaged
estate in a suit instituted by him and
others as representatives of the de-
ceased. — O'Brian v. Bennet, 86.
Claims in a creditor's suit may be paid if
authenticated in the same manner as re-
quired in the orphans court. — Strike's
case, 88; Dorsey v. Hammond, 470.
Creditors' suits founded on insolvency are
governed by the same rules as those
against the representatives of a deceased

debtor — the schedule evidence; but if
any discrepancy, then full proof may
be required. — Strike's case, 90.
If the statute of limitations be not in some
form specially relied on against a claim
it cannot be taken advantage of, 00.
The statute of limitations in bar of a claim
brought in under the decree, may be
relied on by any one of the original
parties or by a co-creditor, 93.
Where it appears by the voucher, that the
deceased was surety with others, the
creditor must also shew that the princi-
pal and co-security are insolvent. —
Edmondson v. Frazier, 92; Dorsey v.
Hammond, 472.
What may be deemed sufficient evidence
of the insolvency of the principal or
co-security. — Spurrier v. Spurrier, 477.
The mere filing of the schedule of an in-
solvent cannot be treated as a coming
in of all the creditors therein named. —
Strike's case, 96.
Where a testator devises a portion of his
real and personal estate subject to the
payment of a particular debt, which the
devisee taking under the will, fails to
pay, the executor of the devisor may
compel the devisee to pay in order to
save the personalty of the devisor. —
Pue v. Dorsey, 139.
If, in such case, the devisee is dead leav-
ing an infant heir, and his personal
estate has been exhausted, the court will
by decree appoint a trustee to make
sale of the realty so charged, 138.
A creditor having an equitable lien can-
not by the usual notice be compelled to
come in under the decree, but if he
does come in then the purchaser will
take clear of his claim. — Attar v.
Baker, 148.
The decree for a sale being founded on
the fact of the insufficiency of the per-
sonal estate establishes that point, so
that the administrator's accounts cannot
be impeached for the purpose of turn-
ing a creditor over against the person-
alty. — Mackubin v. Brown, 414, 415,
If the creditors were infants they may be
let in on apply ing soon after they attain
full age, even although notice has been
given to creditors and a final distribu-
tion has been made, 415.
A suit brought by one partner against the
other to prevent a misapplication of the
partnership effects, alleging the firm to
be insolvent; on that allegation being ad-
mitted or proved, the suit must thence-
forth be treated as a creditors* suit. —
Williamson v. Wilson, 430.
A suit by a creditor against trustees to
whom the debtor had conveyed his pro-
perty for the benefit of his creditors,
treated as a creditors' suit. — Barnaby v.
Hollingsworth, 431.
Creditors coming in maybe ordered to


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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 690   View pdf image (33K)
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