TESSIER v. WYSE.—3 BLAND. 33

that the executor account; that the real estate be sold, &c. And,
consequently in all such cases, if it be supposed that there are
personal assets which may be applied in aid of the realty, the issue
as to that fact, founded on this equity, must be presented by the
heir; and be made up between him and the executor or adminis-
trator alone, as it clearly lays with the heir only to allege and
shew that fact for his own benefit; which if he fails to do, the
creditor, whose legal rights cannot in any way be impaired or con-
trolled by the Court, must be allowed to obtain payment by a sale
of the realty. Wolstan v. Aston, Hard. 511; Anonymous, 2 Cha,.
Co,. 4; Popley v. Popley, 2 Cha. Ca. 84; Mead v. Hide, 2 Vern. 120;
Tipping v. Tipping, 1 P. Will. 729; Edwards v. Warwick, 2 P. Will.
175; Knight v. Knight, 3 P. Will. 332; Anonymous, 9 Mod. 66; Wil-
liams v. Williams, 9 Mod. 299; Lutkins Leigh, Ca. Tern. Talb. 54;
Galton v. Hancock, 2 Atk. 435; Stileman v. Ashdown, 2 Atk. 609;
Walker v. Jackson, 2 Atk. 624; Daniel v. Skipwith, 2 Bro. C. C.
155; Rowe v. Bant, Dick. 151; Hamilton v. Worley, 2 Ves. Jun.,
63; Aldridge v. Wallscourt 1 Ball. & Bea. 312; 2 Fonb. 286; Will.
Exrs. 1042; 2 Harr. Prac.Cha. 323; 2 Newl. Pra. Ca. 13; Willis'
Eq. Plea. 222; Clanmorris v. Bingham, 12 Cond. Cha. Rep. 254.

Thus stood the law of Maryland until the year 1732, when the
British Parliament passed an Act, by which it was declared, "that
from and after the said twenty-ninth day of September, one thou-
sand seven hundred and thirty-two, the houses, lands, negroes and
other hereditaments and real estates, situate or being within any
of the said plantations belonging to any person indebted, shall be
liable to and chargeable with all just debts, duties, and demands
of what nature or kind soever, owing by any such person to his
majesty, or any of his subjects, and shall and may be assets for the
satisfaction thereof, in like manner as real estates are by the law
of England liable to the satisfaction of debts due by bond or other
specialty, and shall be subject to the like remedies, proceedings
and process in any Court of law or equity, in any of the said plan-
tations respectively for seizing, extending, selling, or disposing of
any such houses, lands, negroes and other hereditaments and real
estates, towards the satisfaction of such debts, duties and de-
mands, and in like manner as personal estates in any of the said
plantations * respectively are seized, extended, sold or dis-
posed of for the satisfaction of debts." 5 Geo. 2, c. 7. 45
This British statute was first introduced, used and practised un-
der here about the year 1740, and has been continued in full force
ever since. Davidson's Lessee v. Beatty, 3 H. & McH. 612. The
previous English statutes which gave the right to have lands taken
in execution and delivered to the creditor at an extended annual
value until the debt was paid, if not virtually repealed by this Act,
yet having given a remedy so inferior, or comparatively so ineffec-
tual, were never resorted to after the introduction of this statute;
3 3 B.