STRIKE'S CASE. gg

that such objections can only be made by the defendants, and not,
as in this instance, by a creditor or co-plaintiff.

In England it is the established practice, after a decree to ac-
count has been obtained in a creditors' suit, to give notice by adver-
tisement in the Gazette, to all the other creditors, to bring in their
claims to be adjusted before the Master ;(a) and the mode of doing
so, is by the creditor's producing the voucher thereof with his affi-
davit of the amount then remaining due.(6) In this State the
practice is nearly the same. But in some special cases the creditor
has been allowed to bring in his claim by petition, in order that its
nature and peculiar merits might be more particularly set forth; or
that he might be permitted to assume the position of a co-plaintiff
before the decree, so as to authorize him to prosecute the suit, and
to have a voice and vote in the appointment of a trustee, (c) And
there are instances in which the creditors have been called in be-
fore a decree, in order to ascertain the amount necessary to be
raised by a sale of the real estate.(d) But with these exceptions

(a) The Case of the Creditors of Sir C. Cox, 3 P. Will. 343.—(6) 2 Harr. Pra.
Chan. 36; 2 Fow. Ex. Pra. 252; Hardcastie v. Chettte, 4 Brow. c. c. 163.

(c) MCMECHEN v. CHASE.—This was a suit instituted by a creditor of a deceased
debtor against his heirs to have his real estate sold for the payment of his debts.—In
which suit Elizabeth Edwards, by petition, setting forth, that her testator was a
creditor of the deceased, prayed to be admitted as a co-plaintiff, so as to come is,
participate, &c.

1st October, 1816. — KILTY, Chancellor.—The prayer of the above petition is
granted.

After which there was a decree for a sale, under which a sale was made and con-
firmed; and sundry other proceedings were had, when the case was brought before
the court.

6th November, 1820.—KILTY, Chancellor.—I consider the practice, as to the act of
limitations, to be similar to that of the courts of law. If the defendant, in his answer,
contests the claim in any other manner, without pleading, or relying on the act, ho
cannot afterwards resort to that defence. Claims filed, on the sale of a real estate,
by creditors, not originally parties, are subject to be contested by the heirs; not
usually by answer, but by some written notice of their defence. A defence was made
in writing to this claim, on the part of the heirs, on the 10th of February, 1818;
after which witnesses were produced, on both sides, and proceedings were had before
the auditor. The plea, now relied on, was filed on the 10th of December, 1819, and
cannot be admitted.

(d) CORRIE v. CLARKE.—This was a creditor's bill filed on 22d April, 1800. It begins
thus: "The bill of complaint of James Corrie, administrator of John Come, and in
his own right, in behalf of himself, his intestate's estate, and others the creditors of
Parrott Clarke, late of Caroline county, deceased, sheweth that the said," &c. &c.

19th May, 1802.-—HANSON, Chancellor.—Ordered, that the creditors of the said
Parrott Clarke, by the publication of this order, at least three times before the 16th
day of June next, in the Eastern newspaper, be'notified to bring into fills court their