322 HAMMOND V. HAMMOND.—2 BLAND.

here had been made liable to the payment of debts, by the statute
of 1732, no decree for the sale of it could be obtained for that pur-
pose * against the heirs or devisees of the debtor so long as
336 any one of them remained under age; until, by ait Act of
Assembly, the Court was authorized, where lands possessed by an
infant were chargeable with the payment of money, and therefore,
liable to a decree for sale, to pass such a decree with the consent
of the guardian of the infant heir; 1773, ch. 7; Pue v. Dorsey, 1
Bland, 139, note; which delay and consent were in some particular
cases dispensed with by special legislative enactments. 1784. ch.
82.

Alter which it was, by a general law, declared, that in case an
action at common law should be brought, in which the title to real
estate was involved, which action should abate by the death of
either plaintiff or defendant, and such title should descend or be
devised to an infant, the action should not be tried during the
minority of such infant, unless his guardian or next friend should
satisfy the Court, that it would be for his benefit to have it tried.
1785, ch. 80, s. 2. And it was further provided, that, in case there
should not be personal estate sufficient to pay the debts of the de-
ceased, the heir or devisee, being of lull age, or upon his arrival
at the age of twenty-one, should, to the value of the land de-
scended, pursue the same rules, in payment of the debts of the
deceased, as were prescribed by law for executors or administra-
tors. 1785, ch. 80, s. 7. Thus, in effect, constituting the adult
heir or devisee of the deceased an administrator of his real as-
sets.

But still, as in actions at law by bond creditors against infant
heirs or devisees, as original defendants, the parol must demur;
and as creditors by simple contract, or where the heir of the deb-
tor was not bound, could only sue in equity to obtain satisfaction
from the real estate of their deceased debtor, where, as at law,
the parol was allowed to demur in favor of infant heirs or devisees,
to the great hinderance and delay of creditors, it was therefore,
declared, that if any person should die without leaving persona!
estate sufficient to discharge his debts, and should leave real es-
tate to descend, or which he had devised to a minor, the Chancel-
lor might, upon the application of a creditor of the deceased, if
he should deem it proper, after the minor had been summoned, and
appeared by guardian, and the parties had been heard, and the
justice of the claim had been fully established, order such real es-
tate to be sold for the payment of the debts due by the deceased.
1785, ch. 72, s. 5; 1789, ch. 46; 1794, ch. 60, s. 2; 1799, ch. 79, s. 4;
Baltzell v. Foss, 1 H. & G. 506.

But, although, according to all, general principles, every part of
the real estate of a debtor in the hands of his heir should be held