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SIMMONS v. TONGUE. 341
even where there may not be a sufficiency to satisfy all the credi-
tors; it is a duty which such defendants owe to the just creditors
of their testator or intestate ancestor or devisor, as well as to them-
selves, to make all proper disclosures, and to assist in having a
fair distribution made by excluding all unfounded claims, so that
those only which are clearly valid may obtain the full dividend to
which they are entitled.
In this case, therefore, if it be true that William S. Cochran is
now dead, it is evident that no further proceedings can be had
until his legal representatives have been made parties.
Whereupon it is Ordered, that this case stand over until further
order.
After which the plaintiffs, by their petition, stated, that William
S. Cochran made his will, by which he appointed William H.
Freeman his executor, and died. Whereupon they prayed, that a
subpoena might issue, &c. And it appearing from the proceed-
ings, that the real estate which descended to the said William S,
Cochran, had been converted into personalty; it was thereupon
Ordered, that a subpoena scire facias issue against the said Free-
man as prayed; which being returned summoned, the suit was
ordered to stand revived in all respects against him; and was
thereafter prosecuted to a conclusion.
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SIMMONS v. TONGUE.
On the petition of a widow in a creditor's suit, a commission may be issued to assign
her dower.—Another person may be admitted as a purchaser in place of him who
was reported as such.—After the sale has been ratified, and the purchase money
has become due, the purchaser, and his sureties, may be ordered to pay; and, on
their failing to do so, the land may be re-sold at the risk of the purchaser.
Where it appears, in a creditor's suit, that there is any personal estate left, the exe-
cutor or administrator should be decreed to account.—A decree for a sale esta-
blishes the whole or a part of the plaintiff's claim.—Where a creditor neglects,
on being actually notified, to come in, under a creditor's suit, against the estate of
the deceased as his principal debtor, such debtor's sureties will be discharged.—
A discount in bar, if not distinctly specified and admitted, must be shewn and
established by him who is to benefit by it, or it will be rejected.—Where there
has been a partnership, the partnership debts must be first paid out of the joint
estate; and the separate debts first paid out of the separate estate.
Where it appears doubtful upon the face of the voucher, the claimant must shew
whether the deceased was principal or surety.—Where the deceased was bound
only as a surety, the principal and co-surety, if there be one, mast be shewn to
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