WATKINS v. WORTHINGTON. 509

jurisdiction of this state; and to give receipts and releases for the
same; and to mak£ sale or dispose of the same in any manner he
may deem most advantageous for the said infants, so that the same,
or the proceeds thereof, may be transferred to, and brought within
the jurisdiction of this state, where the same may be taken care
of, accounted for and distributed, according to law, among the
said or those to whom the same may respectively belong.
And that the said James Corrie, before he acts as guardian, shall
file with the register, a guardian's bond, in the form prescribed
by law, in the penalty of ten thousand dollars, with surety to be
approved by the Chancellor.

WATKINS v. WORTHINGTON.

In a creditor's suit, creditors who come in after answer, and before a decree, cannot
have their claims so put in issue as to be adjudicated upon by the decree; yet
such creditors may well be heard as to the selection of a trustee to make the sale,—
In the appointment of a trustee the recommendation of those creditors who shew
the greatest amount of debts will be allowed to have the most weight.—The audi-
tor's report confirmed as to all claims not objected to by him.

Where it appears from the voucher filed by a creditor as evidence of his claim, that
the deceased was jointly liable with others, the creditor must shew whether or
not the deceased was equally bound as a debtor, or as principal, or surety; or
whether he was bound with others as co-surety.—If he was bound as principal,
then the creditor is allowed to come in for the whole amount; otherwise for only
a proportion of his claim.—The reasons and grounds of these rules examined and
considered.

The interests of infant defendants should be protected as far as practicable; but the
parol cannot demur; nor can the claims of others be in any way impaired in their
favour.—The course of proceeding against persons non compos mentis, and against
femes covert.—Where the debt is joint and several all the debtors must be brought
before the court; the exceptions to this rule.—The general rule, that all persons
interested must be made parties, is made to yield where necessary, either as to
plaintiffs or defendants.—A creditor's suit does not profess to be the demand of a
single creditor; but is a call for the administration of the estate for the benefit of
all.—The principles of law and equity in relation to principal and surety.—The
principles of equity in relation to the marshalling of assets and securities.—The
rules of equity in bankruptcy as applicable in a creditor's suit.—It is not within
the scope of the judicial authority to diminish the force of a contract; and the
legislature has been restrained from passing any law impairing the obligation of
contracts.—A man may make use of all the securities he has, until he has ob-
tained satisfaction of his whole debt.—As to proof of the nature of the contract;
whether the deceased was principal or surety; or the insolvency of a co-obligor.—
The assignee of a chose in action takes it subject to all the equity to which it was
liable in the hands of the original holder; the exceptions to this rule.

THIS bill was filed on the 9th of July, 1825, by Nicholas Wat-
kins and Adam and John Miller, against Christiana M. Worthing-
65 v.2