CAMPBELL'S CASE.—2 BLAND. 227

or difficulties which had rendered it impracticable for these devi-
sees, of themselves, to apply the estate of the deceased debtor to
the payment of his debts, it may be permitted to stand: but it cer-
tainly cannot be suffered to operate so as to hinder or delay cred-
itors in the recovery of their debts, any more than a mere volun-
tary mortgage, or sale made by an heir or devisee of himself, pend-
ing a suit against him, could be allowed to be of any avail, in pre-
venting a then plaintiff creditor from obtaining a decree for a sale
for the satisfaction of his claim.

It is clear, therefore, that this private Act of Assembly, so far
as it has been presented as an obstacle to the relief prayed by this
bill, can be of no avail, and must be regarded as utterly unconstitu-
tional and void.

On taking a retrospective view of the various proceedings, which
have been had, in relation to this estate, and the disposition which
has been already made of some of it, for the benefit of the devisees
and creditors of the deceased, it is sufficiently obvious, that to
facilitate the further progress of the Court in this matter, it will
he necessary to consolidate, and have them henceforth considered
as one suit, covering all matters within reach of a creditor's suit,
and of a bill filed by the legatees and devisees, for a distribution
of the surplus after the payment of debts. And it is also obvi-
ously necessary, that these executors and trustees should, all of
them be called to an account. I shall therefore order sale, con-
solidate the cases, and direct an account to be taken.

Whereupon it is decreed, that the real and personal estate of
William Campbell, deceased, yet remaining undisposed of. or so
*much thereof as may be necessary for the payment of his
debts, be sold; that the trustee, if practicable, to sell the 242
the personal estate, and the real estate devised for that purpose,
and the lands in Allegany Court, in the first instance: and if sales
of the said property cannot be effected, or the proceeds thereof
should be insufficient, then he shall sell the remaining real estate
of the deceased; that John I. Donaldson be appointed trustee, to
make the sale, &c. And it is further decreed, that the case of
Edward Campbell and others against John McHenry; and the
case upon the petition of Edward Campbell and others, be con-
solidated with and made parts of this case. Arid it is further
Screed, that John McHenry, Edward Campbell and John I.
Donaldson account, &c.

The trustee gave bond as required by this decree, and on the
18th of December, 1829, reported, that he had made some further
sales of the deceased's estate, which sales were finally confirmed
on the 27th of February. 1830. After which he reported, that he
had, under the decree of the 12th of December, 1827, mortgaged a
part of the estate of the deceased, which, no objection being made,