CAMPBELL'S CASE-2 BLAND. 211

lunatic will be preserved for his support if practicable, so as to
prevent the burthen of maintaining him from being thrown upon
the public, and the rents and profits only applied in satisfaction

of his debts, so as to leave to the unfortunate person a mainte-
nance out of his own estate, at least during his lunacy, postpon-
ing the debts as an incumbrance upon his estate to be satisfied
after his death or recovery. Ex parte Dikes, 8 Ves. 79; Shelford
on Lunacy, 357. In England, though land is not generally liable
for debt, yet where on application by the creditor of a lunatic, it
is shewn to be necessary to make sale of some of his property for
The payment of his debts; and it appears, that his maintenance
would be better provided for, and his advantage promoted, by dis-
posing of a real estate inconvenient, ill conditioned, &c.; that it
would be for his benefit so to pay his debts, and keep together his
personal estate, the Court has no difficulty in ordering a sale of
such realty. Philips, Ex parte, 19 Ves. 123; 1800, ch. 67; 1828, ch.
26. But here lands being in all cases liable for the payment of
debts, without denying to the Chancellor here, as in England, the
power to consider the advantage of the lunatic, as far as practi-
cable, it is made the duty of the Court, on application, to order the
lunatic's real or personal estate, to be sold for the payment of his
debts. 1785, ch. 72, s. 5; 1829, ch. 222; 1833, ch. 1.50; "in the matter
of Brand, 6 Cond. Chan. Rep. 542.

In the case of infancy, however, it was a general rule of the
common law, affirmed and enlarged by legislative enactment, that
where the right to the real estate of an infant was attempted to be
questioned or charged, that the parol should demur, or, in other

* words, that the judicial proceedings should be stayed until

he attained his full age. 1721, ah, 14, s. 2; 1720, "ch. 24, s. 225

16: Taylor v. Phillips, 2 Ves. 23; Plasket v. Beeby, 4 East, 485.

But it must be recollected, that this is a creditor's suit, as to
which it is expressly declared, that where any person dies without
leaving personal estate sufficient to discharge his debts, and shall
leave to descend, or shall devise real estate to a minor or lunatic,
the Chancellor shall have full power upon application of any cred-
itor of the deceased, and after summoning and hearing the infant
or lunatic, by guardian or committee; and the claim of the credi-

No. 1 and 2, exhibited by the complainant in. this cause, were not proved;
and that No. 2 was a joint note of John Brown and Einaldo Johnson; and if
proved without shewing, that Rinaldo Johnson was surety only, the claim-
ant would not be entitled to more than a moiety of the debt.

After which, on the 24th of July, 1810, Nathaniel Washington, the as-
signor, made oath, that the consideration of the note was for articles pur-
chased by Brown,—that no part of the money was due from Johnson; but
that he was considered as the surety of Brown;—upon which, on the 32d of
December, 1814, the whole amount was ordered to be paid out of the pro-
ceeds of the sale of the deceased's estate.