418 JONES v. JONES.—1 BLAND.

sent to the auditor to state a final account as required by the order
of the 24th of May, 1828.

443 * JONES v. JOKES.

EXECUTION.—JUDGMENT LIENS.

Land "was not liable to be taken and sold to satisfy a debt due to a citizen,
until made so by statute; but it might always be taken in execution to
satisfy a debt due to the State; for which it is bound, by Act of Assem-
bly, from the day of the institution of the suit.

Under a, fieri facias levied upon the land of the defendant in his life-time, it
may be sold after his death.

The nature and extent of a judicial lien upon real estate.

A lien fastens upon real estate from the date of the judgment, (a;

But no execution cau be issued if the case has abated by the death of either
party, until it has been revived.

There is no lien upon personal estate, as against third persons, until the fieri
facias has been delivered to the sheriff.

By a sale of land under a fieri facias, it was held by the Chancellor, it was
thereby converted into personalty; and that the surplus should be paid
to the personal representatives of the deceased defendant; but the Court
of Appeals held and ordered otherwise.

Land may by operation of several forms of judicial proceeding be converted
into personal estate.

This Court cannot order a sheriff, who has in his hands money made under
an execution from another Court, to bring it into this Court.

This was a creditors' bill, filed on the 14th of February, 1827.
by Hiram Jones and Elizabeth Jones, against Martha Ann Jouec.
and Emeline Jones, infant heirs of the late Jesse Jones, Richard
Spencer. Jun'r. and Edward Brown.

The bill states, that the defendant Spencer, had, on the 1st of
October, 1824, recovered two judgments against Jesse Jones, in
his life-time, the one for $230 with interest from the 23d of Janu-
ary, 1823, and costsi and the other for $1(57 with interest from the
27th of May, 1824, and costs; which two judgments Spencer had
assigned to this plaintiff Hiram Jones: that Jesse Jones was, at
the time of his death, indebted, by a single bill, to the plaintiff
Hiram Jones, in the sum of $79.25, with interest from the 4th of
September, 1823; that Jesse Jones, at the time of his death, was
indebted to the plaintiff, Elizabeth Jones, by bond, in the sum of
$868.27, with interest from the 16th of April, 1825; that Jesse
Jones died intestate, seized of about twenty acres of land, leaving
a widow and the two ini'ant defendants, his children and heirs-at-

(a) Approved in Anderson v. Tuck. 33 Md. 233. See Coombs v. Jordan, 3
Bland, 298.