656 INDEX.—3 BLAND.

COURSE OF NATURE.—Continued.

2. A man may have an estate of inheritance in land so long as such a tree
shall grow. Ib.

3. Assuming that the concentric layers in the trunk of a tree indicate
its age; and then assuming, that trees, in general, do enlarge by a
succession of annual concentric layers of a certain thickness, the
ages of other trees similarly situated may be thus ascertained. But
there being no proof, that the number of concentric layers in the
trunk of a tree do correspond with the years of its age, as otherwise
authenticated, the hypothesis, that the formation of each one of such
concentric layers is evidence of the lapse of a year, cannotbe judi-
cially received as evidence for any purpose. Ib.

DAMAGES.

See CONDEMNATION OF LAND. 2, 3.

DEBTOR AND CREDITOR.

1. A creditor is not bound to use active diligence against his debtor.
Tessier v. Wyse, 18.

2. The plaintiff in a creditor's suit is not bound to allege and shew,
that he had used any degree of active diligence, or that the per-
sona 1 estate of his deceased debtor was insufficient to pay his debts
in order to have his real estate sold for that purpose. Ib,

3. The sufficiency of the personal estate of the deceased to pay his debts,
giving that ground of equity upon which the realty is saved for the
benefit of the heir or devisee, it is with him alone to allege and shew
that fact. Ib.

4. The liability of heirs as terre-tenants. and the equity between them
as to contribution. Ib.

5. Where the obligor binds himself and his heirs, the land descended is
liable in the hands of the heir; but if there be personal estate, and
the heir pays the debt, he may be reimbursed from such person-
alty, upon the ground of its being the primary and natural fund
for the payment of debts. Ib.

6. The cases in which the parol shall demur during the infancy of a
party. Ib.

7. In a creditor's suit, by a bond creditor, independently of any statu-
tory provision, the personal estate was always first applied, as far
as it would go, to save the realty; and the statute making lands
liable to be taken in execution and sold for the payment of debts,
has made no alteration as to any creditors in that respect: although
it has been so construed as to allow simple contract creditors to
obtain payment from the realty in no other way than by a creditor's
suit in equity. Ib. „

8. The Act of Assembly which authorizes the sale of land, with the con-
sent of the guardian of the infant, does nothing more than, so far.
to qualify the infant's privilege to have the parol to demur. Ib.

9. The several Acts of Assembly relative to the mode of proceeding
by or against an infant, where a suit at law abates by death; and
relative to the administration of assets, have made no alteration in
the law as to the rights of creditors, or as to the mode of proceeding
in a creditor's suit. Ib.

10. The only material alteration of the pre-existing law made by the
Act of Assembly in relation to the sale of real estate descended or