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COOMBS v. JORDAN. 331
of Richard Jordan and Lee and wife as founded on a bond given by
Jeremiah Booth, his co-obligor Edmund Key being insolvent. And
it is further Ordered, that the said exceptions of the parties, so far
as they may be inconsistent with this order, be and they are hereby
overruled. ______________
In a report made in obedience to this order, and filed on 4th of
February, 1831, the auditor says, that he had again examined the
proceedings and stated certain additional claims, lately exhibited,
which were numbered from 5 to 9, inclusive. That No. 5, was on
a judgment rendered against James Walker and Jeremiah Booth,
on the 8th of August, 1821, prior to the judgment of Stone & Mc-
Williams' claim, No. 3. But that the judgment was not under
seal; and there was no affidavit of the assignor; it also appeared,
from an endorsement on the short copy filed, that the judgment had
been enjoined in equity. That No. 6, No. 7, and No. 9, were
judgment claims, but were not proved in the usual manner; and
were subsequent to the judgment claim, No. 3, which was more
than equal to the fund to be distributed. And that he had stated
an account applying the balance left unappropriated by his report
of the 31st of July, 1829, to the payment of the additional costs,
claim No. 5, and a part of the judgment claim of Stone & Mc-
Williams, No. 3.
After which, on the 7th of February, 1831, the petitioners Lee
and wife and Richard Jordan, excepted to the allowance made by
the auditor in his report and account filed on the 19th of June,
1826, of the said sum of one thousand dollars as a credit to said
Booth on account of the said purchase money; because, among
other reasons, the said payment does not appear to have been
authorized by any order of the court. And they further excepted
to the allowance of all other items and payments in said account
as credits as aforesaid not appearing to have been authorized by
the court or any order thereof.
1th February, 1831.—BLAND, Chancellor.—Ordered, that this
last report of the auditor be and the same is hereby ratified and
confirmed; and that the exceptions this day filed be overruled;
and the trustee is directed to apply the proceeds accordingly:
except as to the claim No. 5; the determination upon which is
hereby suspended until the 24th of March next; at any time after
which day, the said claim No. 5, may be finally disposed of, on
the application of any party interested in, or affected by it.
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