694 INDEX.

A creditor may come in specially, by	None but those who are creditors of the
petition, or by merely filing the vou-	deceased can be flowed to participate
cher of his claim, 365.	under a creditor's suit, 543.
The mode of allowing and adjusting in-	A sale of the realty to save the person-
terest on a distribution of the proceeds	alty, can only be made at the instance
in a creditor's suit, 366, 872.—	of one who has an inteiest in both
Pattison v. Frazier, 376,	estates, and without prejudice to cre-
A cannot be made to bring a	ditors; therefore, such a bill must be
payment back into hotch-pot; but can	treated as a creditor's suit. — Waring v.
obtain nothing, until all the creditors	Waring, 673.
have been satisfied in equal proportion.	Although this court cannot, in a suit
Hammond v. Hammond, 384.	upon the mortgage, after a sale of the
A mortgagee comes in pari passu for the balance, left unpaid by the mortgaged	mortgaged property, pass a decree for the payment of the balance thus
estate, 384.	shewn; yet if the mortgagor be dead,
The costs and commissions are first paid,	the plaintiff may so amend his bill as
and then others, according to their pri-	to have it treated as a creditor's suit. —
orities, or in due proportion, 385. — Or-	Worthington v. Lee, 683.
chard v. Smith, 319.
The costs incurred by the contestation	CROP.
of a particular claim, not to be taxed	After the sale has been confirmed, the
to the prejudice of other creditors. —	crop allowed to be removed before the
Hammond v. Hammond, 388.	possession will be delivered. — Tyson v.
A mortgagee or creditor, having a lien,	Hollingsworth, 334.
cannot be compelled to come in by a
mere general notice, but he may be	DEBTOR AND CREDITOR.
made a party, 388.	Where on an account the deceased debt-
A tobacco debt, liquidated and charged as a money claim as of the day of the	or's personalty was shewn to have been exhausted, his realty was declared to
sale. — Pattison v. Frazier, 376. The heir or devisee may be made to ac-	be assets for the payment of the debt. — Cox v. Callahan, 52.
count for the rents and profits of the	A devise to the prejudice of creditors is
realty. — Hammond v. Hammond, 344 ;	void.— Campbell's case, 225.
Pattison v. Frazier, 378.	Although creditors, as such, have no lien
A claim, with an admission that any	on the real estate of their deceased
amount against it, on the deceased's	debtor, yet the heir or devisee cannot
books, should be allowed; deferred	alien it to their prejudice after a credi-
until the credit could be ascertained. —	tor's suit has been brought, 240.
Pattison v. Frazier, 381.	The heir or devisee personally liable for
A decree to pay debts and legacies, and	the value of the lands aliened before
then the debts of the last deceased	suit brought, leaving them in the hands
debtor, so far as his personal estate might be deficient. — Anderson v. An-	of a bona fide purchaser entirely clear. Campbell's case, 238; Craig v. Ba-
derson, 387.	ker, 238.
A trustee appointed under the act of	A creditor not bound to sue an adult heir
1785, ch. 72, s. 4, will not be allowed	by an action at common law, but may
to sell any but the land devised to be	file a creditor's bill. — Hammond v.
sold to pay debts; and may be con-	Hammond, 327; Tyson v. Hollings-
trolled in other respects. — Deakins'	worth, 324.
case, 398.	A tobacco debt liquidated and charged
Such a proceeding may be consolidated	as a money claim as of the day of the
with other cases having the same ob-	sale. — Pattison v. Frazier, 376.
ject, 403. On such an application, after the lapse	The property of a debtor may be detained in the country where it is found for the
of many years, proof will be required	benefit of his creditors there residing,
of the petitioning creditor's debt, 400.	or of the state in opposition to a fo-
Although creditors, who come in after	reign administration, or to bankrupt or
- answer and before a decree, have not	insolvent laws of another country,-
had their claims adjudicated upon by	Corrie's case, 489.
the decree, they may be heard in the	Where the debt is joint and several, all
selection of a trustee.— Watkins v.	the debtors should be brought before
Worthington, 611.	the court; the exceptions to this rule.
In the appointment of a trustee, those	Watkinsv. Worthington, 522.
who shew the greatest amount of debts are allowed to have the most	It is not within the scope of judicial au- thority to alter or impair the obligation
weight, 611.	of a contract, 535.
The rules of equity in bankruptcy as	A man may make use of all his securi-
applicable in a creditor's suit, 533.	ties until he has obtained satisfaction