JONES r. JONES.—1 BLAND. -119

law; that there has been no administration upon his personal
estate, the whole or nearly all of which had been sold under exe-
cutions which had been levied upon it previous to his decease.

It further appears, from the bill and its exhibits, that Thomas
Dawaon had brought suit in Kent County Court, and, on the 17th
of March, 1823, recovered judgment against Jesse Jones, from
which Jones appealed; that on the 7th of June, 1824, the judg-
ment of the County Court was affirmed by the Court of Appeals,
for the sum of $250, with interest from the 12th of July, 1820, and
costs; * that on the 1st of July. 1824, a fieri facias was issued
on this judgment, from the Court of Appeals; and on the 444
16th of August following this, defendant, Brown, being then
sheriff of Kent County, levied it on a tract of land, the property
of Jesse Jones: that Jesse Jones, after having made a partial
payment to this sheriff, died in the month of August, 1825; that
after his death the lands which had been so taken in execution
were, on the 3d of September. 1825, sold by this sheriff, Brown,
subject to the dower of the widow of the late David Jones, and of
the widow of the late Jesse Jones; that from the proceeds of the
sale, this sheriff, Brown, had paid the whole amount due to Daw-
sou with the costs; and had retained to the amount of his own
poundage fees; and also the sum of $65.50 for the payment of
taxes and officers' fees placed in his hands for collection, leaving
a balance in his hands of $1,451.38.

Upon all which the plaintiffs by their bill prayed, that the land
of which Jesse Jones died seixed might be sold: that the proceeds
thereof; with the balance remaining in the hands of the defendant
Brown, might be paid into the hands of a trustee appointed by
this Court, to be applied, under its direction, to the payment of
their debts, and such other claims, if any, as might be due from
the intestate, Jesse Jones; and that they might have such other
relief as was suited to the nature of their case.

The defendants, Spencer and Brown, each put in a separate
answer; the infant defendants answered jointly by their guardian;
and all of them admitted the truth of the allegations of the bill.

BLAND, C., 16th July, 1827.—This case standing ready for heav-
ing without opposition from the defendants, the solicitor of the
plaintiffs was fully heard, and the proceedings read and consid-
ered.

The peculiar nature of this case seems to require a more than
usually attentive consideration. Putting aside so much of it as
relates to the small parcel of land of which the intestate died
seized, about which there can be no difficulty; this is the case of
a creditors' bill, in which it appears, that the real estate of the
debtor had been taken in execution, during his life-time, and sold
after his death, leaving a balance, which even yet remains in the