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650 THE CAPE SABLE COMPANY'S CASE.
Busti all his share, right, interest, claim and demand in and to the
aforesaid works, and also all claim and demand, that he might
have against the said works, for advances of money made for the
said establishment. This last deed notices the assignment of the
26th of September, 1816; and professes to be made to secure the
payment of the sum of $10, 296 48, as of the first of January, 1822.
The auditor thinks the claims of said Lechleitner and Troost, if
established, will be liable for payment of said claim No. 6, in the
first instance; and that the residue of the said claim of said Lech-
leitner, to the extent of the sum of f 10, 296 48, with interest from
the first of January, 1822, will be payable to the said Paul Busti's
representatives.
The auditor further reports, that the trustees have not yet ob-
tained an allowance for their expenses; and that the claim of said
P. G. Lechleitner which was, by an order of the 24th of Sep-
tember, 1829, referred to Samuel Moale, William Gwynn, and
Charles F. Mayer, has not yet been adjusted. He is therefore
unable to state an account with the trustees.
After this report of the auditor was filed the plaintiffs excepted
to it; because it allowed the claims of Robert Oliver, Charles
Carroll, Eli Balderson, and James Neilson, who have in truth no
claim whatever, legal or equitable, against the estate of The Cape
Sable Company; because their claims, if any they have, are not
sustained by any proof; and because each and all of them is and
are barred by the statute of limitations. And the defendants ex-
cepted to it, because it did not charge to P. G. Lechleitner the sum
of f 17, 000, borrowed by the Cape Sable Company for him by the
resolve of the 4th of February, 1822, and to him advanced.
The defendant Robert Oliver excepted to this report. First.
Because it did not award to him, as a judgment creditor, a satis-
faction in preference to all others. Second, Because the claims of
James Neilson, No. 6; of Leonard Foreman, No. 7; of Benjamin
Welsh, No. 8; of Hugh Miller, No. 9; of James A. Sangston, No.
10; of Eli Balderson, No. 11; of Mary Mullen, No. 12; of Edme
Ducatel & Sons, No, 13; of Gerard Troost, No. 14; and of Philip
G. Lechleitner, No. 15 and 16, are not sufficiently proved; and
are barred by the act of limitations. Thirdly. Because the claims
of Troost and Lechleitner are without any foundation in law or
equity. Fourthly, Because the claimants of Troost and Lechleit-
ner were partners with Thee Cape Sable Company; and, as such,
not only not entitled to be allowed any thing, but are personally
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