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THE CAPE SABLE COMPANY'S CASE, 640
tor's claim having been determined to be valid, as between the then
parties, can never be again questioned by any creditor who may
thereafter come in; nor is there any instance in which a claim once
established as between proper parties, can be again questioned by
any one who may be thereafter allowed to come in and participate
with either of the original litigants; unless upon some ground of
alleged fraud and collusion, (d)
Whereupon it is Ordered, that the foregoing petition of George
Neilson and others, be and the same is hereby dismissed with costs.
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After which the auditor made and filed a report, dated on the
18th of February, 1830, in which he says, that he had examined
the proceedings of these cases, and stated all the claims exhibited
against the estate of The Cape Sable Company. Claim No. 1, is
for a judgment recovered by Robert Oliver against the said com-
pany, on which a fieri facias was issued and laid on all the real
and personal estate of the company. The complainants by their
bill of complaint impeached said judgment for fraud and irregu-
larity. And by their exceptions, filed on the 20th of April, 1829,
they object to the auditor's report of the 29th of February, 1828, so
far as relates to the said claim, because there is no sufficient evi-
dence to sustain the said claim, and because said Robert Oliver has
no legal or equitable claim against the said company, or its funds
or property; and because said Robert Oliver, if a creditor at all,
is to be deemed a general creditor, and not a judgment creditor,
nor entitled to any preference, as a creditor, whatsoever. And by
other exceptions, filed on the same day, they deny, that said claim
has any foundation in law or equity; and also deny, that, if
deemed a creditor at all, the said Robert Oliver is to be considered
a judgment creditor, or entitled to any preference whatsoever as a
creditor; and also object, and plead the act of limitations against
said claim. Similar exceptions have been filed by P. G. Lechleit-
ner, who has exhibited a claim against the said estate. The audi-
tor thinks he is bound to consider Robert Oliver as a bona fide
judgment creditor, and allows the claim accordingly.
Claims No. 2, 3, 4 and 5, are on judgments rendered against the
company, and now entered for the use of Charles Carroll of Car-
rollton. The complainants and P. G. Lechleitner have filed objec-
tions to the said claims, similar to those before stated against
(d) Welch 9. Stewart, 2 Bland, 38.
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