448 FENWICK v. LAUGHLIN.—1 BLAND.

sidering the surplus as a residuum of the real assets which had been
taken from the hands of the heirs; and to have the case thenceforth con-
sidered and treated as a creditor's suit. (a)

This bill was filed, on the 20th of April, 1827, by Martin Fenwiek
and Francis Bird, against William Laughlin and Jonathan Haw-
kins, to foreclose a mortgage of real estate given by the late Jona-
than N. Laughlin, the ancestor of the defendants, to the plaintiffs.
The defendants put in their answers, admitting the facts as stated
in the bill; upon which, on the 22nd of May, 1827, it was decreed,
that the mortgaged property be sold. And the trustee having re-
ported, that he had made a sale accordingly, it was ordered as
usual, that the sale be ratified unless cause be shewn. And no
cause being shewn, the sale was finally ratified on the 9th of July,
1828.

* On the 13th of March, 1828, Isaac Owens, Benjamin
475 Wells, and Martin Fenwiek, on behalf of themselves aud
the other creditors of the late Jonathan N. Laughlin, filed their
petition in this case, in which they stated, that the deceased was
indebted to Owens in the sum of $95.60: to Wells in the sum of
$55.84, and to Feuwick in the sum of $45.50. That the personal
estate of the deceased was totally insufficient to pay his debts;
and that the proceeds of the sale of his mortgaged real estate,
sold under the decree in this case, was more than sufficient for the
payment of the mortgage debt. Whereupon they prayed, that
they, with the other creditors of the deceased, might be paid out
of this surplus. &c.

BLAND, C., 14th March, 1828.—Where a bill has been filed
against the heirs of a deceased mortgagor to obtain payment by a
sale of the mortgaged property. O'Brian v. Bennett, ante, 86;
Latimer v. Hanson, ante. 51, or where a bill has been filed to
obtain a partition of an intestate's real estate among his heirs;
(b) or where a deceased debtor's real estate has been decreed to

(a) Approved in Gaither v. Welch, 3 G. & J. 264: Griffith v. Parks, 32 Md. 5.

(b) SPURRIER v. SPURRIER.—This petition, filed on the 21st of September,
1810, states, that the late John Spurrier died intestate seized of a valuable
real estate, which would not admit of division among his widow and chil-
dren, some of whom were married and others infants, who are his heirs;
all of whom are parties to this suit. Prayer, that the real estate may be
sold and the proceeds divided. The answers admit these facts. Whereupon
it was, on the 15th of March, 1811, decreed, in the usual form, that the lands
be sold, and they were sold accordingly.

After which Henry McCoy by petition stated, that the late John Spurrier
was considerably indebted to him; that his real estate had been thus sold;
and that his personal estate was insufficient to pay his debts. Prayer, that
an order may pass notifying the creditors to exhibit their claims; and that
his claim may be paid, &c.