James Moore Wayne

“ The eleventh section of the act to establish the Judicial Courts of the United States, carries out the constitutional right of a citizen of one state to sue a citizen of another state in the Circuit Court of the United States; and gives to the Circuit Court 'original cognisance, concurrent with the Courts of the several states, of all suits of a civil nature, at common law, and in equity,' &c. &c. It was certainly intended to give to suitors having a right to sue in the Circuit Court, remedies co-extensive with these rights. ”

“ Now, if an estate may be declared insolvent under the statute, in less than the longest time allowed to creditors to present their claims; and creditors, for debts contracted out of the state, are not limited to that time to present their claims; it follows, as a necessary consequence, that an estate having been declared to be insolvent within the shorter time, cannot exclude such creditor from maintaining a suit against the executor or administrator. ”

“ The commissioners, at the end of the time limited, are to make a report, on oath, to the Orphans Court, of all the claims which have been laid before them, with the sums allowed by them on each respective claim. The Court then shall order the residue of the estate, personal and real-the real estate being sold according to law-to be paid and distributed among the creditors whose claims have been allowed by the commissioners, in proportion to the sums respectively due. ”