310 HAMMOND v. HAMMOND.— 2 BLAND.

sale of the realty, if the personal estate be insufficient. Joseph v.
Mott, Prec. Chan. 79: Anonymous, 3 Atk. 572; Mould v. Williamson,
2 Cox, 386. And even if the bill be filed by one bond creditor
only for the satisfaction of his own particular debt, the constant
course, in England, is to direct an account of all the bond debts*
of the testator or intestate, with liberty to come in for satisfaction:
without which no decree for a sale can be, for as they have all a
lien against the heir, who is bound as well as the ancestor, they
are all entitled to receive satisfaction; and might otherwise sue
at law notwithstanding the decree for a sale; but it would be very
mischievous should the Court suffer another bond creditor, who has
not obtained judgment, after a decree for a .sale, to proceed against
the estate, as the effect of a sale could not be had during the con-
tinuance of the levari on the judgment which must be removed in
order to a sale. Marten v. Marten, 1Ves. 214. But as bond credi-
tors have an election to sue and obtain satisfaction from the exe-
cutor, or the heir, at common law, it is not often, in England, that
they proceed in equity; unless it be to have a discovery and account
of the rents and profits of the realty, or to obtain some other ad-
vantage which they cannot have at law. Curtia v\. Curtis, 2 Bro.
C. C. 633.

* By a British statute, passed in the year 1732, and which
325 appears to have been introduced and practised under here
so early as the year 1740, it is expressly declared, that the real

cording to the will of said Conway, filed in this cause, subject to the control
of the Chancellor.

After which, the trustee brought into Court the sum of £228 15s. 0d. aris-
ing from the sale of the said estate.

HANSON, C., 20th April. 1803.—Ordered, that the register receive the same,
and, with the treasurer's leave, deposit it in the Western Shore Treasury-
to be applied agreeably to the order this day passed. Whatever there may
be paid for interest is to be divided among the persons entitled to receive the
principal.

N. B.—The money lodged is, 3 bank notes of $20: 12 of $5: 20 of $10; and
290 silver dollars, which is equal to £238 15s. Od.

The auditor, having made and reported a distribution of the proceeds of
sale, the case was again submitted.

HANSON, C.. S3d April, 1803.—Ordered, that the money arising from the
sale of the real estate of George Conway be applied agreeably to the audi-
tor's report; that is to say, that there be paid to each of the five heirs therein
mentioned, or his or her legal representatives, the sum of £40 11s. 10d.; and
that the residue be applied to the discharge of costs and commission. &c..
agreeably to the auditor's statement. If one of the five heirs be dead, and
the others are his representatives, the part of the deceased is to he divided
among the others.