THE BANK v. DUGAN. 255

it was prayed, that, for the benefit of themselves and the other
creditors of the deceased who might be permitted to come in, the
surviving executor might be ordered to account; that the creditors
might be paid, &c.

After which Elizabeth Blair, executrix of William Blair, de-
ceased, by her petition stated, that she had, at September term,
1824, of Baltimore County Court, recovered a judgment against
the executors of Clarke for the sum of $1000, with interest from
the 23d of May, 1814, and costs, to bind assets; which debt had
not been paid. Whereupon she prayed to be admitted to come
into this creditors' suit as a co-plaintiff, paying a proportion of the
expenses, &e.

23d October, 1829.—BLAND, Chancellor.—It has long been the
practice to allow a creditor to come in at any time after a creditor's
bill, such as this is, has been filed; and before as well as after a
decree to account has been passed before the assets have been
actually distributed, (a) Therefore it is Ordered, that the said
Elizabeth Blair be and she is hereby admitted as a party plaintiff
in this suit upon the terms prayed.

On the 8th of December, 1829, the defendant put in an answer
purporting to respond to all the matters of the bill; and then
adding thereto a plea of a prior suit and decree, in the Orphans
Court of Baltimore County, embracing the same matter in bar of
this suit.

To this answer and plea the plaintiffs took the following excep-
tions; first, for that the said defendant has not admitted or denied,
that the said executors discounted upwards of $20,000 in notes
and other securities, or what other amount, which the said execu-
tors had received for the sale of their testator's property, a few
days, and when, before the bond of said defendant was credited to
said Clarke's estate, as stated in the said complainant's bill.
Second, for that said defendant has not stated when and at what
time each and all of the sums of money received and paid by him,
and by said executors were received and paid; but has referred to
the several accounts of the executors returned to the Orphans
Court, and exhibited with said complainants' bill, to shew when
the amounts were paid and received, whereas said accounts do not
shew when said several amounts were paid or received. Third,

(a) Strike's Case, 1 Bland, 85.