96 STRIKE'S CASE.
claims. But the filing of the schedule of an insolvent debtor,
certainly cannot, by any strained or liberal construction of this
practice, be considered as the filing of the vouchers of the claims
of all, or any of those creditors, whose names and claims are
stated thereon; and, laying aside the insolvent's schedule in this
case, as furnishing no evidence of the intention of any creditor
therein named, to come in and make a claim for any debt, which
he alleged, and was ready to prove was due him, when such sche-
dule was filed, there are but two other creditors, who have made
any show of coming in as other creditors of Rogers; and they
are, Robert Taylor, and the firm of Hollingsworth & Worthington.
Taylor has filed a mere short copy of a judgment, which he obtained
in Baltimore County Court against Henderson, the partner of Rogers ;
and Hollingsworth & Worthington merely say, that the only demand
they now have against Rogers, is for twenty dollars, lent him seve-
ral years ago :—but these claims are so utterly destitute of any
support, by proof of any sort, that they must be rejected. There
are then, in fact, no claims of any other creditors of the defendant
Rogers, which the auditor can be allowed to state and report for
confirmation.
Upon the principles before explained, Strike must be charged
with the rents and profits, or full value of the property in question,
from the date of the deeds from Rogers to him, to the day of the
sale by the trustee. The amount, or what has been the full value
during that time, must be collected and ascertained by the auditor
from the proofs in the cause; and, for the reasons already given,
Strike's claim for repairs, improvements, and advances, must be
totally rejected.
The practice in the Chancery Court of this State, is wholly
unlike that in the Chancery Court of England, in relation to excep-
tions to the depositions of witnesses. Here, the testimony having
been taken publicly before the commissioners,(n) there is no formal
order or rule for the publication of it, as in England; but when the
commission is returned, it is opened by the chancellor or the regis-
ter, and objections of every kind to the testimony, are taken and
considered at the hearing of the cause. In this case objections
have been made to the reading of the depositions of two of the
witnesses, on the ground of their being interested. The proofs
are all now to be sent to the auditor, upon which he is to found
some of the particulars of the account he is directed to state. But
(n) 1785, ch. 72, s. 14. 8.14*
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