
    James R. Carter v. Jaques Bishop.
    On a bill filed in Equity by one or more creditors against an administrator for an account, and a decree made against him, all the creditors may, if they will, come in under such decree, and regard it as a judgement in their favor; and if they have notice to come in and prove their demands, after such a decree, they maybe restrained from proceeding at law : but when the plaintiff, as administrator, had paid a debt to the defendant, a creditor, and afterwards, on a bill in Equity filed by other creditors, to which the defendant was not made a party, and of which he had no notice, the plaintiff was compelled to pay debts of a higher degree, 'which exausted the assets, in an action brought by the plaintiff to recover back the money from the defendant, as paid by mistake, the proceedings and decree in Equity, are not evidence against the defendant.
   Curia, per

Harper, J.

affirming the decision of Mr» Justice Gantt, at Sumter — Fall Term, 1883.  