TESSIER v. WYSE.—3 BLAND. 35

payment of money, unless it should appear that the guardian of
such infant had consented thereunto; and also, that such infant
would not sustain any inconvenience from such direction. 1773,
ch. 7; 1778, ch. 22; Prutzman v. Pitesell, 3 H. & J. 80; Partridge v.
Dorsey, 3 H. & J. 320, 305; Pue v. Dorsey, I Bland, 139, note.
Under this law. which relates only to proceedings in Chancery,
any lands, subject to the payment of debts, held by an infant,
might have been sold, with the consent of his guardian, without
allowing to the infant the privilege of having the parol to demur
until he attained his full age. But this Act contains not the
slightest allusion to any distinction between the application of the
real and personal estate of a deceased debtor to the payment of his
debts; nor is susceptible of being so construed as to have any
bearing injurious to the legal rights of his creditors; or so as to
make the least change in that equity, which arises in a creditor's
suit, between the real and personal representatives of the deceased,
by which the heirs are allowed, for their own peculiar benefit,
without prejudice to creditors, to have the personal estate first ap-
plied in payment of his debts. In these respects the then existing
principles of law and equity have not been altered or affected in
any way whatever by this Act of Assembly.

By the Act of Assembly which prescribes the mode of reviving
actions at common law, which may have abated by the death of
* either party, it is provided, that upon the death of either

plaintiff or defendant in any such action, involving the title 47
to land, if the heir or devisee of the deceased be an infant, such
action shall not be tried during his minority; unless his guardian,
or next friend, satisfied the Court, that it will be for his benefit.
1785, ch. 80, s. 2; 3 Blac. Com. 300. And in the same Act of
Assembly, it is declared, that in the payment of the debts of de-
ceased persons, no creditor shall be entitled to any priority, except
such as have obtained judgment against the deceased; nor shall
any preference be given to creditors in equal degree by the execu-
tor or administrator, who shall observe the following rules, where
it is apprehended the deceased has not left personal estate suffi-
cient to satisfy the debts due by him; to wit; to pay no debt until
the end of twelve months after the death of the deceased; to give
notice for all his creditors to produce their claims after the expira-
tion of that time at a certain day and place properly authenticated,
when the executor shall first discharge all judgments in full, or
equally and in due proportion; and next shall divide the assets
equally among all other creditors, without priority or preference,
&c. And if any executor or administrator shall not observe these
rules, he shall be liable to pay, out of his own estate, the loss sus-
tained by any creditor in consequence thereof. Altered by 1798,
ch. 101, sub-ch. 8. And in case there be no personal estate sufficient
to pay the debts of the deceased, and he shall have left lands to