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THE CAPE SABLE COMPANY'S CASE. 659
relies, is entirely correct. But as this provision of the act of in-
corporation, requiring the assent of three-fourths of the stock-
holders owning three-fourths of the shares, was intended exclu-
sively for the benefit of stockholders, there are no other persons
than these plaintiffs, or some other stockholders, competent to
make such an objection. Here, however, all parties have con-
sented to this decree; and, consequently, this judgment of Robert
Oliver, of the 26th of May, 1824, must now be considered as
altogether well founded and conclusive.
Charles Carroll also claims as a judgment creditor of The Cape
Sable Company; and his claims, as No. 2, 3, 4 and 5, have been
opposed by objections similar to those directed against that of
Robert Oliver. But as Carroll's claim as a judgment creditor has
been, in like manner, put in issue, as fully investigated, and as
effectually established by the decree of the 5th of April, as that of
Oliver, it cannot be now again made the subject of litigation by
these plaintiffs, or by any other creditor coming in under that
decree.
But Oliver insists upon a right to have his claim first satisfied
out of these proceeds, on the ground, that his lien upon them is
prior to that of Carroll's.
These defendants Love, Slye and the Barbers, obtained their
judgments against The Cape Sable Company in Baltimore County
Court at its March term of 1822; and Carroll now claims as the
assignee of those judgments. But it appears, that executions
were issued, on the 2d of September, 1822, on those judgments,
and returned nulla bona to that court; after which writs of fieri
facias were issued returnable to April term, 1823, of Anne Arundel
County Court. And then, after more than one year had elapsed,
without any further proceedings being had, by a writing, filed OB
the first of June, 1824, it was agreed, that writs of execution
should be issued out of Anne Arundel County Court, without any
steps being taken to revive them; and on the same day executions
were issued accordingly, and levied on the property of The Cape
Sable Company, which were stayed by the injunction in this ease.
Immediately after which, on the 4th day of the same month, Car-
roll instituted actions of debt on those same judgments, and
obtained judgments by confession on the same day.
Whence it is clear that as no execution could then have been
issued on the four original judgments of 1822; the lien which
they gave had expired, and was barred by the common law limita-
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