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COOMBS v. JORDAN. 293
$281 76, as assignees of Richard Jordan, being the full amount
due him, as heir, for his share of the purchase money, as stated by
the auditor's report of the 18th of March, 1829. And on the 31st
of July, 1829, the auditor made another statement, in conformity
thereto, awarding, as before, $1,630 66 to Lee and wife, as their
share of the before mentioned admitted balance of the purchase
money, leaving the sum of $4,609 58 of the proceeds of the sale
made by the trustee Merrick, unappropriated. Which report was,
by an order of the 30th of September, 1829, confirmed, and the
proceeds directed to be applied accordingly.
Stone & McWilliams, by their petition, asked leave to take
testimony in support of their claim against the estate of Jeremiah
Booth, deceased, for its whole amount, by proving the insolvency
of Walker, &c. Which leave, by an order of the 24th of June,
1830, was granted as prayed; and testimony was accordingly
taken and filed proving the insolvency of Walker.
After which the petitioners Lee and wife and Richard Jordan,
excepted to the auditor's report of the 18th of March, 1829. 1.
Because they were entitled to be preferred to the amount of their
claim over the other creditors. 2. Because, if not entitled to be
preferred, they were to come in equally for it with such creditors.
3. Because they were therein charged with the sum of f 555 25,
as if the same were admitted by their petition to be an amount
received by them in addition to the amount already charged to
them, or credited to Jeremiah Booth in the auditor's account filed
on the 19th of June, 1826, and otherwise charged to them in the
accounts and proceedings in this case; while, in fact, the said sum
of $555 25 is the aggregate of items marked in said account filed
on the 19th of June, 1826, No. 3,4, 5,6, 7, 8 and 12; and in that
account accordingly credited to the said Booth; the items No. 5,
$11, and No. 7, $157 03, being those assumed by Jinn the peti-
tioner, in her said petition as received by, and paid for her sepa-
rate account, in all $167 03; and items No. 3, $98; No. 4,
$40 15; No. 6, $134 91; No. 8, $50; and No. 12, $65, being
in like manner there so assumed by the petitioner Richard; being
in all $388 22; as these respective totals are apportioned in said
petition. And 4. Because the said Booth is not charged with the
further sum of $219, part of the commission of James Cook, the
trustee, which sum said Cook, in his account reported by him on
the 13th of February, 1819, to the court, declares he paid over to
the guardian of the petitioners, Edmund Key, for their use. The
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