TESSIER v. WYSE.—3 BLAND. 47

The plaintiff Tessier, by his petition on oath, stated, that the
defendants before and since the passing of the decree, and then
were felling, carrying away and selling timber and other trees
from the land of which William Wyse died seized, and which had
been ordered to be sold by the decree; and that the whole of the
real estate of the deceased would be insufficient to pay the plain-
tiff's claim. Whereupon it was prayed, that an injunction might
be issued to restrain the defendant from committing waste, &c.

BLAND, C., 7th October, 1830.—It has always been understood
here, that such a decree as this on a creditor's suit, requiring the
personal representative to account, and directing the real and. per-
sonal estate to be sold for the payment of the debts, of the de-
ceased, virtually puts the property into the possession of the Court,
and places it under its immediate control and protection for the
benefit of all concerned; so that, on application for that purpose,
the estate may, until a sale can be effected, be disposed of to the
best advantage, or immediately protected from injury and loss.
Shewen v. Vanderhorst, 4 Cond. Cha. Rep. 401; Duvall v. Waters,
1 Bland, 76. Therefore let an injunction issued as prayed.

The defendant Matilda Wyse, by her petition, on oath stated,
that she did not attain the age of twenty-one years until the 16th
of June, 1830, and believes from the information she has received,
that she can be enabled to produce testimony which would have
an important bearing on the merits of the plaintiff's claim, and
tend to prove that he had no such claim as entitled him either
legally or equitably to have a sale of the real estate of the de-
ceased;* and that the defendant Margaretta Wyse, died on
the 19th of April, 1830, and her representatives, as such, 61
have not been made parties. Whereupon it was prayed, that the
decree might be rescinded, and the case reheard; and that she
might be permitted to answer, &c.

Upon which an order was passed, directing that the matter of
the petition should stand for hearing on the 12th of October then
next: and that all further proceedings under the decree should
be suspended until further order, provided that a copy be served,
&c.

BLAND, C., 13th October, 1830.—The petition of Matilda Wyse,
standing ready for hearing, and having been submitted on notes
by the solicitors of the parties, the proceedings were read and
considered.

It is admitted, that previous to the death of Margaretta, the
case had been set down for hearing. It is not alleged or shewn,
that the interests of Margaretta did not survive to the other defen-
dants in the case; and besides her representatives, if they are in