CAMPBELL'S CASE.—2 BLA^TD. 223

462; Trustees of the University v. Foy, 2 Haywood, 310, 374; Jones
v. Crittenden, 2 North Carol. Law Repository, 385; Berry v. Haines,
2 Tb. 428; Alien v. Peden, 2 J6. 638; Opinion of the Judges of
Georgia, 2 Ib. 31; Per Judge Martin of Louisiana, 2 Ib. 173; Crane
v. Meginnis, 1 G. & J. 463; Berrett v. Oliver, 7 G. & J. 192; Acts
of Assembly of Maryland of 1.781, ch. 3; 1785, ch. 9; 1795, ch. 30;
1807, ch. 24, 52, 121, 138 and 149; 1808, ch. 17, 73 and 101; 1809,
ch. 164; 1811, ch. 101; 1814, ch. 14; 1815, ch. 71; 1816, ch. 164;
1S17, ch. 204; 1818, ch. 90; 1819, ch. 53; 1820, ch. 147 and 172;
1825, ch. 88; 1826, ch. 7 and 164; 1827, ch. 67 and 141.

With regard, therefore, to the case now under consideration, it
follows from what has been said, that this Act of Assembly, 1825,
ch. 135, ante, 215, note, by which the devisees of the late William
Campbell have been authorized to mortgage his real estate, can,
in no way, be allowed to alter or affect the rights of his creditors.
For, mortgaging the assets is not the natural way of paying debts
with them, although, in some cases, it may be the most expedient
mode, as where a sufficient sum may be raised in that manner to
satisfy all the creditors, without delay, and without prejudice to
the heirs, devisees, legatees, or next of kin of the deceased. An-
drew v. Wrigley, 4 Bro. C. C. 138. (n) This special Act may be
admitted to be fully and in all respects obligatory upon those
devisees who are parties to it, and at whose instance alone it was
passed; but the creditors of the testator, being entire strangers
To it, must be permitted to stand here, as if it had never been
passed, and to sustain their rights against these devisees in like
* manner as if they, the devisees themselves, being compe-
rent to contract, had, of themselves, mortgaged the estate 238
devised to them.

The heir of a deceased debtor, at common law, was only bound
for the payment of the bond debts of his ancestor, because of the
express terms of the obligation, and in respect and to the extent
only of real assets descended, which liability of the heir has been,
in Maryland, extended by statute in favor of all simple contract
creditors, in like manner as to bond creditors. 5 Geo. 2, c. 7. By
the common law, if a debtor, instead of suffering his real estate to
descend to his heir, devised it to any person, or if the heir aliened
The land before an action was brought against him, the creditor
was without remedy. Bat this injustice has been removed by a
statute which declares, that all clevises, as against creditors, shall
be deemed fraudulent and void, and that the heir or devisee, after

(n) By the Act of 1831, ch. 311, e. 12, if constitutional, this Court has been
clothed with power to mortgage the interest of infants in lands, where it
stall appear to be for their advantage so to procure money, for the benefit
of such estate of the infants; or to improve the same, or to relieve it from
any incumbrance, or otherwise, for the benefit of such infants.—Williams'
Case, post, 3 vol.