290 HAMMOND v. HAMMOND.—2 BLAND.

A mortgage creditor, after having exhausted the mortgaged estate by a sale,
may come in against the other estate of his debtor, pari passu with the
other creditors.

The property of the deceased debtor must be applied, 1. In discharge of all
costs, so as thus to make the creditors contribute in due proportion to
the expense of the suit. 2. In the payment of the public dues, taxes,
and levies. 3. In discharge of each mortgage, equitable lien and judg-
ment, according to its respective priority. 4. In payment of the credi-
tors in due proportion.

Where a devise, for the payment of debts, is sufficient and effectual, the
creditors can only come in as the will directs; but if it be insufficient or
ineffectual, it is fraudulent and void as against them.

The personal estate, being the natural fund for the payment of debts, if the
heir or devisee pay the debt, he may obtain reimbursement from the
personalty.

If a creditor is entitled to any interest, it is as much a debt as the capital
itself.

Interest is given in almost all kinds of cases, and equity allows it in every
case where, under like circumstances, it might be recovered at law. (l)

The auditor's statement allows interest to the claim of each creditor if en-
titled to it, and the aggregate thus shown is considered as the liquidated
debt then due to each.

If the statement is confirmed the whole carries interest from the date to
which the confirmation relates.

No interest is allowed upon costs.

The rule for computing interest in all cases where the debt carries interest,
and the debtor has made partial payments, is, that the interest is calcu-
lated from the time the debt became payable down to the day of the first
payment, and the interest is added to the principal,—then the payment
is deducted from the whole, and if such payment satisfies the whole in-
terest and a part of the principal, the interest is calculated upon the
balance of the principal to the day of the second payment, from the
whole of which the second payment is deducted. &c. But if the first
payment does not discharge the whole interest, then, after applying it to
the satisfaction of so much of the interest, the interest is calculated
upon the principal only, until the day of the second payment, which is
deducted from the whole amount, and so on. So that in no way is any
interest calculated and paid upon interest, (m)

(1) See note (m).

(m) INTEREST.—Interest is recoverable as of right upon contracts to pay
money on a day certain, as upon bills of exchange and promissory note, upon
contracts where it has been stipulated for; in cases where the money claimed
has been actually used, and upon bonds, &c. But in other cases it is a ques-
tion for the jury to be decided according to the circumstances of the particu-
lar case. Newson v. Douglass, 7 H. & J. 418, and cases there cited in note {b}.
The general rule at common law was to allow interest only upon mercantile
contracts, or upon an express promise to pay it, or where such promise was
to be implied from the usages of trade, or other circumstances; leaving it in
other cases to be determined by the jury according to the equities of the
transaction. Railway Co. v. Sewell, 37 Md. 452; Musgrave v. Morison, 54
Md. 166.

When a plaintiff is entitled, ex aequo et bono, to recover money, it includes
interest as well as principal, unless there is something which would render