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THE CAPE SABLE COMPANY'S CASE. 651
responsible to this exceptant Robert Oliver. And, lastly, Because
The Cape Sable Company cannot be held liable for the claim of
James Neilson, No. 6, until it shall have been proved that P. G.
Lechleitner and G. Troost are insolvent, which has not been shewn
and is not the fact.
The defendant Charles Carroll excepted to this report. First.
Because it does not award to him, as a judgment creditor, whose
claims are No. 2, 3, 4 and 5, a preference to all other claims.
Secondly. Because it should have allowed no other claims than
that of Robert Oliver, No, 1, and that of this exceptant. Thirdly.
Because it allows the claim of P. G. Lechleitner j No. 15 and 16,
when, in fact, he is largely indebted to The Cape Sable Company.
Fourthly. Because P. G. Lechleitner is not charged with many,
and large sums of money, that appear from the proceedings to be
due from him to The Cape Sable Company. Fifthly. Because it
does not allow the judgments marked as claims No. 1, 2, 3, 4
and 5,
Philip G. Lechleitner for himself, and on behalf of J. J. Vander-
kemp, executor of Paul Busti, excepts to this report. First. Be-
cause it is wrong in admitting the claim of Robert Oliver as a bona,
fide and regular judgment. Secondly. Because Oliver's claim is
altogether inadmissible, as an equitable claim, or as that of a gene-
ral creditor; is unsustained by any evidence; and is barred by the
statute of limitations. Thirdly. Because Carroll's claim is not
sustained by any evidence; is not admissible as a bona fide and
regular judgment claim; or as that of an equitable or of a general
creditor; and is barred by the statute of limitations. Fourthly.
Because the claims of Eli Balderson and James Neilson are un-
supported by any evidence; and are haired by the statute of limi-
tations. Fifthly. Because it has rejected from his claim, No, 16,
the items designated as expenditures since the last entry in The
Cape Sable Company's books of December 31st, 1828; and also
those designated as the third, sixth, seventh, and eighth, or last
errors claimed by him to be corrected; and insists, that the amount
of capital, additional capital, and negro capital, ought to be de-
ducted from the amount of his claim. Sixthly. Because it insists,
that the assignment to James Neilson and Rosewell L. Colt by this
exceptant, entitles Neilson's claim to be paid out of this excep-
tant's claim, No. 16, in preference to Paul Busti. Seventhly.
Because it ought to have allowed his claim absolutely and fully as
he has stated it, and without any reservation or deduction. And
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