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answer interrogatories on oath. — Wil-
liamson v. Wilson, 433.
A creditor coming in under the decree
takes the position of a plaintiff. 434.
In a creditor's suit, testimony in support
of a claim must be taken in such a
manner as to prevent a cross examina-
tion, and insure a correct report of the
proof to the court, 434.
Before a distribution can be made the
creditors must be notified and called
in, 440.
After which notification, unless some dif-
ficulty occurs requiring previous direc-
tions, the auditor states a first account
as of course informing the court of the
objections, if any, to each claim as they
appear upon the face of the proceed-
ings, 440; Dorsey v. Hammond, 470.
The decree for a sale so far as it assumes
the validity of the originally suing cre-
ditor's claim is conclusive. — Strike's
case, 68; Williamson v. Wilson, 441.
Creditors may be allowed time to take
testimony in support of their claims;
but if it be not taken within a specified
or a reasonable time, a final audit may
be directed excluding all claims not
then sufficiently authenticated, 441.
Mortgagees and judgment creditors may
be let in, and must be allowed their
priorities. — Jones v. Jones, 452.
The surplus of the sale of the realty in a
creditor's suit considered as a part of the
real assets which must be returned to
the heirs, 452.
No part of the personal estate of a de-
ceased debtor can be applied in payment
of his debts without making his execu-
tor or administrator a party to the
suit, 460.
All the costs and expenses are first de-
ducted from the proceeds of sale, and
then the balance is distributed, by which
means each creditor is made to contri-
bute to the expense of the suit. — Dor-
sey v. Hammond, 468.
Each creditor is entitled to a proportion
of the interest accruing on the purchase
money, according to the sum stated by
the auditor to be then due him. — Low
v. Conner, 468.
The proceeds of the sale of the real assets
are to be distributed in the same order
as the personal assets. — Dorsey v. Ham-
mond, 470.
A judgment against the executor or ad-
ministrator is no evidence against the
heir, 470,
If full proof of a claim be required, it
must be established as an issue joined
before a jury, 471.
Where the proceeds of sale are more than
sufficient to satisfy all, the auditor's re-
port, as to the undisputed claims, may
be at once affirmed before the commis-
sions and costs have been allowed, or
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the suspended claims have been dis-
posed of. — Spurrier v. Spurrier, 476.
The chancellor cannot direct the payment
or discount of any claim before the sale
has been ratified, 475.
CROP.
On a bill for specific performance, the de-
fendant being unable to make a valid
title the plaintiff was directed to deliver
possession, reserving to him the liberty
to finish his crop of all kinds and to re-
move his crop and cattle. — Rawlings v.
Carroll, 76.
Possession will not be delivered under the
decree itself to a party, or to a purchas-
er under it, where it would be attended
with the loss of the then growing crop.
Dorsey v. Campbell, 365; Chapline v.
Chapline, 364; Wright v. Wright, 365.
Under a decree for a sale in a creditors
suit, the then growing crop should not
be sold. — Taylor v. Colegate, 365.
DEBTOR & CREDITOR.
Where two or more sue as joint creditors,
the proportion due to each may be ad-
justed after the sale has been made and
the proceeds brought in. — Hoye v. Penn,
34.
The surplus of the proceeds of a sale may
be awarded to the representatives of the
debtor in proportion to their respective
interests, 385
Where the property of a debtor has been
sold under a decree for an amount equal
to the whole debt, the debtor is dis-
charged, 43.
Where there are two debtors, and the pro-
perty of each has been sold for an
amount equal to the proportion due
from each, leaving a surplus to each, as
to such surplus they are to be regarded
as creditors against the fund; and no
subsequent depreciation or loss of the
rand token from one can be made up
out of the surplus of the other, 43.
A creditor cannot be permitted to split up
his claim and bring a separate suit for
each part; or after a decree to add in any
way to its amount. — Strike's case, 95.
A debt will not be allowed to carry inter-
est during the time the debtor has been
restrained, from paying. — Chase v. Man-
hardt, 343.
A debtor on being sued may, in all cases,
have leave to bring the debt into court
so as to stop interest and costs, 343.
DECREE.
Where two or more are equally and jointly
liable, the property of each may be
directed to be sold in the first instance,
so as to place the burthen upon each
equally or in due proportion. — Hoye v.
Penn, 33, 34.
A decree which declares certain convey-
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