538 NEALE v. HAGTHROP.—3 BLAND.

ceeding may have been, in some particulars, varied; but the sub-
stance of them cannot have been affected in any manner whatever
by any proceeding or conduct of his co-heirs alone. And those
remedies whether upon the bond and lien, or upon the judgment
and lien; because of the bond having been transformed into a
matter of record by the judgment, Higgen's Case, 6 Co. 45, it is
most manifest must be by a proceeding at the common law as pre-
scribed by the Act to Direct Descents; since there can be no equit-
able lien of any description which can be dealt with by this Court-
It is unnecessary to say any thing as to the want of proper parties,
which has been set down among others of the causes of this
551 * demurrer; because if there were no other or more sub-
stantial objections to this bill, the case would be ordered to stand
over with leave to amend and make proper parties; but as the
other objections go to the substance and merits of the complaint,
the case must be now finally decided.

Whereupon it is decreed, that the plaintiff's bill of complaint
be and the same is hereby dismissed with costs, to be taxed by the
register.

See this case as disposed of by the Court of Appeals, 6 G. &
J. 49.

NEALE v. HAGTHROP. (a)

BILLS FOR ACCOUNT.—ADMINISTRATORS DE BONIS NON.—SURPLUSAGE.—ANSWERS
IN EQUITY.—CONDITIONAL CONVEYANCE.—NOTICE.—ABATEMENT.

On a bill for relief, discovery, and account, the right of the plaintiff must
be first decided; after which an account may be taken; and if the relief
required be the sale or delivery of a thing with its rents and profits
during the time of its unjust detention, the delivery or sale should be
first ordered, and then an account up to the time of such sale or delivery.

An administrator de bonis non can recover only such assets as have not been
converted or distributed by his predecessor, (b)

Although the next of kin of an intestate have a vested interest in the sur-
plus of his personal estate, they can only make title, or recover from or
through an administrator, (c)

Statements in the bill or answer as to agreements with persons not parties
to the suit, the nature and validity of which agreements are not drawn in
question; and all careless verbiage may be rejected as mere surplusage.

(a) See Hagthorp v. Neale, 7 G. & J. 13.

(b} Cited in State v. Hart, 57 Md. 338, where it was held that an adminis-
trator d, b. n. cannot sue a former administrator for money collected by him,
without having first obtained an order from the Orphans' Court in pursuance
of Rev. Code, Art. 50, sec. 109. As to the powers of administrators d. b. n.
see Gardner v. Simmes, 1 Gill, 425, note.

(e) Approved in Cecil v. Rose, 17 Md. 102. See Rockwell v. Young, 60 Md.
563.