24 HOYE v. PENN.—1 BLAND.

* The defendants, as heirs or devisees of the deceased debtor, to pay
29 whose debts the lands have been sold, may have their respective
interests adjusted, so as to have the surplus of the proceeds of sale dis-
tributed among them as such.

The share or dividend awarded to a party may be paid to his solicitor, or to
his attorney in fact, on a power of attorney properly authenticated, (d)

This bill was filed, on the 10th of July, 1802, by Francis Deakins,
executor of William Deakins, and Benjamin Stoddart. against
Benny Penn. Roby Perm, Charles Penn, Junr., William Penn,
Betsy Penn, William G. Penu, Sarah Penn and Caleb Penn. gran-
tees and heirs of the late Charles Penn, Seur.. find Nathan Waters
and Evan Gaither. Before any of the defendants had answered,
the plaintiff Francis Deakins died, and administration de bonis
non was granted on the estate of the late William Deakins to John
Hoye: and the defendants. Charles Penn, Junr., and William
Penn. died; and Benny Penn and Roby Penn removed out of the
State. Upon which a bill of revivor was filed bj Hoye and Stod-
dart, making John Penn and Lucy Penn, the infant heirs of the
late Charles Penu, Junr; and Ann Penn, and Greenbury Penn,
the infant heirs of the late William Penn, defendants; and pray-
ing for an order of publication against the absent defendants,
which was passed accordingly. Subpoenas were issued on this
bill, some of which, instead of being served by the sheriff, as is
most usual, were served by disinteretsed persons who made affi-
davit of the fact; which, according to the course of the Court, was
held to be sufficient.

The bill states, that Ignatius Pigman, Joseph W. Pigman,
Charles Penn, Senr., and Nathan Waters, being indebted unto
a certain Edward Gwinn. in the sum of £568 18s. 1d., on the 21st
of September, 1788, gave their joint and several bond to Gwinn
for that amount; that Gwinn brought separate suits and recovered
judgments on the bond against Charles Peun, Senr., and Ignatius
Pigman, for the principal, with interest from the 21st of Septem-
ber, 1792, and costs. Upon which Charles Penn, Sen'r, brought
a writ of error, and the plaintiff Stoddart, with the late William
Deakins, became bound as sureties in a bond to prosecute the
writ of error; that, the judgment having been affirmed, suits were
severally brought against the plaintiff Stoddart and the executor of
the late William Deakins; and, judgments having been obtained
against them, they, on the 1st of May, 1802, paid the whole debt,
principal, interest, and costs, then amounting to £93410s. 9 3/4 d.; that
the late Charles Penn, Senr., had, in his life-time, conveyed all
his real estate, consisting of sundry parcels of land lying in Mont-
gomery * County, to his children; that is to say, by deed of
30 the 22d of March, 1792, he conveyed one parcel thereof to

(d) See Railroad v. Fitzpatrick, 36 Md. 619.