TESSIER v. WYSE.—3 BLAND. 29

2 Inst. 394; 3 Blac. Com. 418, 420; Kilty Rep. 143, 144, 151; 1715,
eh. 23, s. 6. In all cases, where, according to those English
statutes, lands might be taken in execution and extended, the
judgment gave to the plaintiff a general lien upon such lands as
the defendant then held, or at any time * afterwards ac-
quired while the judgment remained in force. 2 Inst. 469; 40
Jefferson v. Norton, 2 Saund. 6; Uderkill v. Devereux, 2 Saund. 60,
71; Harris v. Saunders, 10 Com. Law Rep. 373. And consequently,
if the defendant died after judgment, and before execution or
satisfaction, the plaintiff might, as it would seem in England, and
certainly here, without first proceeding against the executor or
administrator to obtain satisfaction of his judgment, at once sue out
a scire facias against the heirs and terre-tenants of the land de-
scended; and, upon no good cause being shewn, have execution
against the lands; and thus enforce payment from the real assets,
although there might be more than a sufficiency of personal estate
of the deceased to discharge all his debts. Bricknold v. Owen,
Dyer, 208, pl. 15; Stileman v. Ashdown, Amb. 16; Panton v. Hall,
Carth. 106; 2 Harr. Ent. 444, 749, 763, 767, 755.

But as those English statutes, which gave the right to have the
lands extended for the satisfaction of debts, comprehended all the
lands of the debtor, it therefore followed, that if, on his death after
judgment, his lands passed into the hands of several, who, because
of their being alike liable, were entitled to contribution from each
other, they should be all summoned by scire facias; and if anyone
of the several heirs should be within age, the parol should demur
as to all. Co. Litt. 290: Bac. Abr. tit. Execution, B, 2, 4; Sir
William Harbert's Case, 3 Co. 13. This right to contribution is an
equity arising between those who are alike liable, because of the
real assets in their hands. It is therefore only necessary, that the
creditor should merely have them summoned, to enable each de-
fendant to obtain justice for himself as against the others, without
prejudice to the claim of the creditor; since it rests with the de-
fendants alone to insist upon and have the contribution adjusted
among themselves; for, if they, or any of them, on being sum-
moned, fail to plead, that they are not liable, or that there are
others who are liable, and who have not been warned; or to shew
the extent of the contribution, the plaintiff shall have his judgment
against those only who have been warned, which will be conclusive
against them. Bac. Abr. tit. Scire Facias, C, 5; Nickel v. Croft,
Cro. Jac. 506; Jefferson v. Norton, 2 Saund. 8, note, 10; Averall v.
Wade, 10 Cond. Chan. Rep. 498.

But by the common law, where a debtor, by a writing under
his hand and seal, binds himself and his heirs for the payment of a
debt and dies, leaving real estate to descend to his heir, such heir
is bound, in respect of such real assets descended, for the payment
of the debt. And such bond creditor may, at his election, sue the