INDEX.—2 BLAND. 657

DEBTOR AND CREDITOR.—Continued.

18. How far lands in. possession, reversion, or remainder, in the hands
of an heir or devisee, are liable for debt at common law, or by stat-
ute. Hammond v. Hammond, 287.

19. The cases in which a creditor's suit may he sustained: or in which the
Court will take upon itself the administration of an estate. Ib.

20. The form and necessary allegations of a creditor's bill. Ib,

21. "Where equity will take upon itself the general administration of the
assets of a deceased debtor. Ib.

22. And it will, in some cases, assume the distribution of the estate of a
living insolvent debtor among his creditors, upon the principle that
equality is equity. 16.

23. The privilege formerly granted to infants of allowing the parol to
demur until they attained their full age has been abolished as re-
gards creditor's suits, and the real estate of a deceased debtor, whose
personalty is insufficient, may be sold, notwithstanding the minority
of the heirs or devisees, Ib.

24. The plaintiff must have an interest in common with the other credi-
tors: and therefore a mortgagee, or a vendor, having an equitable
lien, cannot, merely as such, sustain a creditor's suit. Ib.

25. A creditor's suit may be engrafted on another suit having a different
object. Ib.

26. The general rule is that all persons having an interest in the object
of the suit ought to be made parties, but the practice, as regards de-
fendants, is to stop short at the personal representatives of the de-
ceased, unless special circumstances should require others to be
brought in. Ib.

27. If the deceased left no personal estate, or no administration has been
granted, a creditor's suit may be maintained against the heirs and
devisees of the deceased debtor without making his personal repre-
sentatives parties. Ib.

28. In some cases the surviving partner of the deceased, or a third person
having possession of assets, should be made a party defendant. Ib.

29. It is unnecessary to describe particularly in the bill the real estate of
the deceased. Ib.

30. The other creditors should be called in to participate as co-plaintiffs.
Ib.

31. Where a creditor may sue, either for his own claim alone, or as well
in behalf of others as of himself, he should, by averment in the bill,
make his election to sue in the one way or the other. Ib.

32. But in general, it is the nature of the case which gives to it the char-
acter of a creditor's suit. Ib.

33. Even if the insufficiency of the personalty be to some extent admitted
or established, still the creditors may be notified to bring in their
claims, in order to ascertain what proportion of the realty must be
sold. Ib.

34. If the personalty be shown to be sufficient, the suit may thencefor-
ward be confined to the administration thereof. I b.

35. If the insufficiency of the personalty be established, it is customary to
decree a sale of the realty immediately, without setting the case
down for final hearing. Ib.

42 2 B.