case ex part peachy November the d where a person stay till a bankrupt and the  assignee be dead and year after the date of the commission apply to be admit a  creditor the court on these around stances and in consideration of the length  of time will dismiss the petition a commission of bankruptcy take out in the  bankrupt dead and the assignee also dead and now at the atkins distance of  year the petitioner apply to prove a debt which depend upon a account say to  be settle between he and the bankrupt what the petitioner attempt to prove be  over and above his debt for rend upon the that of December the good be on the  premise he make a distress for rend the bankrupt be the only person who know  what be receive under the distress and it be admit by the petitioner himself  it exceed the appraisement and the bankrupt be dead it be insist by the  counsel for the creditor that this be a unfavourable application especial as  it rest upon the oath of the petitioner that he be a stranger to the dividend  make under this commission till and take into consideration likewise the great  length of time since the sue of the commission atkins er p Lord chancellor the  question be whether there be sufficient disclose in this case to warrant I in  make a extraordinary order to admit the petitioner a creditor under this  commission the court to be sure be very liberal in admit person to dividend  but the present application seem to be of a very unreasonable nature the  commission issue as long ago as the that of February the account make up  between the petitioner and the bankrupt the that of December before which show  they be very amicable then and yet upon the that of the same month the  petitioner be so adverse as to take a distress this be very extraordinary the  arrear of rend for year amount to pound levy upon the distress pound be about  five eight of the balance of the account his ignorance be not of the  commission but of the dividend only lie by for year without take one step and  after the bankrupt be dead and the assignee who may give some account of this  transaction be likewise dead apply to be admit as a creditor so that take it  altogether it stand upon very suspicious circumstance the creditor under the  commission will not receive above nine shilling in the pound the petitioner  have have under the distress a large sum of which he have be make interest and  be much better off than any other creditor upon all the circumstance of the  case I be of opinion he ought not to be admit a creditor and therefore let the  petition be dismiss vide cook b law sec