498 WATKINS v. WORTHINGTON.—2 BLAND.

Court will assign him to a committee to appear and defend in his
behalf, * and without hindrance or delay to his creditors, do
521 what it can to save his estate for his benefit. Ex parte
Phillips 19 Ves. 123; Ex parte Hall, 4 Cond. Cha. Rep. 74; Shelf.
Lun. 857. It is, however, certain, that the change of condition of
a person who has entered into an agreement, by becoming a luna-
tic, or the death of a debtor and the descent of his estate, which
has been incumbered, or is chargeable with the payment of his
debts, will not alter the rights of the parties, which will be the
same as before; provided they can come at the remedy. Steele v.
Alan, 2 Bos. & Pul. 362; Phillop v. Sexton, 3 Bos. & Pul 550; Sackvill
v. Ayleworth, 1 Vern. 105; Owen v. Davies, 1 Ves. 82.

Such was the law of Maryland when, by a British Statute, passed
the year 1732, and soon after adopted here, lands iti this State were
made liable to be taken in execution, and sold for the satisfaction
oi' all debts; 5 Geo. 2, ch. 7; which, however, did riot prevent the
parol from demurring, Lechmere v. Branier, 2 Jac. & Wal. 290.
After which, it was, by an Act of Assembly, declared that any real
estate-held by an infant, or person non compos mentis, might be
sold for the satisfaction of the money with which it was chargea-
ble, upon a bill filed in, and by a decree of the Court of Chancery,
with the consent of the guardian of the infant, as therein pre-
scribed. 1773, ch. 7; Pue v. Dorsey, 1 Bland, 139, note. And
where an action at common law has been brought, in which the
title to real estate is involved, which action has abated by the
death of either the plaintiff or the defendant, and such title has
descended, or been devised to an infant, it is declared that the
action shall not be tried during the minority of such infant, unless
his guardian or next friend, shall satisfy the Court that it will be
for his benefit to have it, tried. 1785, ch. 80, s. 2; James v. Boyd,
1 H. & G. 1. By another legislative provision, it is made the
duty of heirs and devisees of full age, or upon their arrival at the
age of twenty-one, in case of a deficiency of personal assets, to
pay the debts of their ancestor or devisor out of the real assets,
in the same order and manner in which they would have been
paid out of the personalty. 1785, ch. 80, s. 7.

But in equity all the real estate of a deceased debtor, whose per-
sonal property is not sufficient to pay his debts, is, by positive leg-
islative enactment, made absolutely liable to be immediately sold
for that purpose, without delay, notwithstanding its having de-
scended, or been devised, to an infant, or person non compos mentis,
and that, too, without requiring, as formerly, a conveyance
522 * from the infant when he comes of age, or allowing him a
day to shew cause. The decree, sale, and conveyance by the trus-
tee in pursuance thereof, being made equivalent to a conveyance
from such heir or devisee, as of sound mind and full age. Orchard
v. Smith, ante, 318; Brook v. Smith, 6 Cond. Cha. Rep. 403; Kelsall