TESSIER v. WYSE.—3 BLAND. 19

The liability of heirs as terre-tenants, and the equity between them as to
contribution, (c)

Where the obligor binds himself and his heirs, the land descended is liable
in the hands of the heir; but if there be personal estate, and the heir
pays the debt, he may be reimbursed from such personalty, upon the
ground of its being the primary and natural fund for the payment of
debts, (d)

The cases in which the parol shall demur during the infancy of a party.

In a creditor's suit, by a bond creditor, independently of any statutory pro-
vision, the personal estate was always first applied, as far as it would
go, to save the realty; and the statute making lands liable to be taken
in execution and sold for the payment of debts, has made no alteration
as to any creditors in that respect; *although it has been so con-
strued as to allow simple contract creditors to obtain payment 29
from the realty in no other way than by a creditor's suit in equity.

The Act of Assembly which authorizes the sale of land, with the consent of
the guardian of the infant, does nothing more than, so far, to qualify
the infant's privilege to have the parol to demur.

The several Acts of Assembly relative to the mode of proceeding by or
against an infant, where a suit at law abates by death; and relative to
the administration of assets, have made no alteration in the law as to
the rights of creditors, or as to the mode of proceeding in a creditor's
suit.

The only material alteration of the pre-existing law made by the Act of
Assembly in relation to the sale of real estate descended or devised to
infants, is that of having virtually abolished an infant's privilege of
having the parol to demur in a creditor's suit-

The provisions of the Act of Assembly allowing creditors to obtain satisfac-
tion from the escheatable estate of their debtor, do not affect their rights,
or any mode of proceeding as against his heirs or devisees.

Where the then defendants are entitled to both personal and real estate, the
making of the personal representatives of the deceased debtor a party
may be dispensed with.

In a creditor's suit, even if the bill should be dismissed as to the heirs, yet
relief may be had against the administrator to the extent of the assets
in his hands.

The decree for a sale virtually puts the estate under the protection of the
Court; and, therefore, an injunction may be granted to stay waste.

The mere fact of an infant's having attained his full age is not a ground for
rehearing in a creditor's suit.

Although an infant, who attains his full age pending a suit, may be allowed
to come in, as of course, and demur, plead, or answer, yet he cannot be
permitted to do so in a creditor's suit after a decree.

THUS bill was filed on the loth of June, 1825, by John Tessier
and Samuel Smith and James A. Buchanan, trading under the
firm of S. Smith & Buchanan, against John M. Wyse, William A.
Wyse, Eliza Wyse, Margaretta Wyse, Edward Wyse, Nicholas
H. Wyse, Matilda Wyse, Francis O. Wyse, Joseph Allender, and

(c) Cited in Polk v. Pendleton, 31 Md. 123.
(d) See Chase v. Lockerman, 11 G. & J. 185.