
    *Anderson v. Anderson et al.
    September Term, 1809.
    Equitable Fund — Right oí Creditor Who Is Admitted to Prove Claim before Commissioners. — A creditor admitted a party plaintiff for the purpose of obtaining a proportion of an equitable fund, may, on filing his bill, at once prove his claim before a Commissioner, (to whom the subject generally has been referred,) without waiting until the cause, as to him, shall have been set for hearing in the usual course of the Court.
    In this case, the only question made at the bar was, whether a creditor could be allowed to prove h'is debt, before the Commissioner, upon filing his bill for that purpose, and before the cause, as to him, was set for hearing, in the regular couráe of the Court, as to other suits.
   By the Chancellor.

The creditors of Richard Anderson are entitled to the proceeds of his estate, in the hands of the Commissioners, who made sale of the same, under a former decree of this Court, since which several creditors have been admitted as plaintiffs, upon filing their bills, and agreeing to contribute to the expenses of the suit: they are all equally interested in having a speedy report from the Commissioner, attended with as little expense as possible; and, as there can be no doubt but that in a scuffle among creditors about funds, they will sufficiently guard the interests of each other, I conceive that this case forms an exception to every other class of cases, and that a creditor, under such circumstances, may at once go before the Commissioner, and have his claim stated, subject to exceptions, as in other cases.  