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494 POST v. MACKALL,
said Benjamin Mackall, deceased, was surety on a bond for Ed-
mund Key, which bond was given for the purchase money of a tract
of land in Prince Georges county; and that the said land is ample
security for said debt, and should be applied to its payment in
relief of the estate of the deceased party.
The Bank of the United States, on the 27th of March, 1831, as
claimants No. 4, 5, 6, 7, and 8, also filed exceptions to this report
of the auditor. To the plaintiffs' claims No. 1, 2, and 3, for that
there is not legal evidence to support said claims; and that the
same are barred by the statute of limitations. To claim No. 9; for
that the voucher in support of said claim is not legal evidence
thereof in this suit; and also, for that the same is barred by the sta-
tute of limitations. To claims No. 10, 11, 12, 13, 14, 16, 17, 18,
19, 21, 22, 23, 24, 26, 27, 29, 30, 32, and 33; for that there is no
legal proof in support of either of said claims; and that each of
them is barred by the statute of limitations. To all the before
mentioned claims, they object, that judgments against the admi-
nistrators of the deceased are no evidence in a suit instituted for
the sale of the real estate; and that the original vouchers, or legal
evidence of its existence, if there be any, not being exhibited within
the time prescribed by law; and that the same are barred by the
statute of limitations. These exceptants moreover insist upon the
right to urge these objections as well against the claims of the
complainants, as of the other claimants; because these exceptants
were not made parties to the bill, and had no opportunity of con-
testing the same before the decree; and because, if said claims
were allowed, although the original defendants to the suit may not
be injured thereby, and therefore had no motive for insisting on the
objections herein before stated; yet the fund for the payment of the
bona fide claims of this exceptant would be greatly diminished,
and rendered insufficient to pay what is due.
The plaintiffs, by their petition, stated, that among others of the
creditors of the deceased, The Bank of the United States had filed
sundry claims for moneys due to it at its office of Discount and
Deposite at Washington in the District of Columbia; and alleged,
that one or more of the said claims are secured by a conveyance
of a part, or the whole of said real estate, made by the deceased
to a certain Richard Smith, cashier of said Bank, in trust for its
use; and they submit, that the said lien shall be respected in all
the proceedings in this case. That the Bank, by filing its claim,
his become a party to this case; but, as the trustee Richard Smith
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