INDEX.—3 BLAND. C>57

DEBTOR AND CEEDITOR — Continued

devised to infants is that of having virtually abolished an infant s
privilege of having the paro! to demur in a creditor's suit Ib

11 The provisions of the Act of Asbembly allowing creditors to obtain
satisfaction from the eboheatable estate of their debtor, do not affect
their rights or any mode of proceeding as against his heirs or
devisees Ib

12 Where the then defendants are entitled to both personal and leal

estate the making of the personal representatn es of the deceased

debtor a partv may be dispensed with Ib
13 In a creditor s suit even if the bill should be dismissed as to the

hens yet relief maybe had against the administrator to the extent

of the assets m his hands Ib
14 The decree for a sale mutually puts the estate under the protection

of the Court and therefore an injunction maybe granted to stay

waste 76
15. The mere fact of an infant s having attained his full age is not a

ground for leheiring in a creditor s suit
16 Although an infant who attains his full age pending a suit maybe

allowed to come in as of course and demur plead, or answer yet

he cannot be permitted to do so in a creditor's suit after a decree Ib
17 The debts of a debtor were formerly as a matter of grace always

paid out of his forfeited or escheated estate Hepburn's ( ase 78
18 The Revolutionary Confiscation Acta gave to the creditors of alien

enemies remedies as effectual as those taken away and removed no

property beyond the reach of such creditors Ib

19 The object of the judicial proceeding by attachment is to enable a
creditor to obtain satisfaction from his absent debtoi s property
found here Ib

20 It is intended to enforce payment of debts only, it will therefore
he on a judgment, bond note account or the like but not on a
covenant bond with collateral condition for trespass &c Ib

21 Although a non resident alien enemy cannot sue, yet a citizen credi-
tor may by attachment obtain satisfaction from the propertv found
here of such alien debtor Ib

22 The nature and principles of the Revolutionary Confiscation Acts
considered and applied Ib

33 What acts of the creditor will discharge a surety Salmon v Clagett,
106

24 If all the creditor b remedies be expressly reserved the surety will
not be discharged by any act of the creditor Ib

25 A creditor & suit does not abate by the death of a plaintiff or any
cieditoi who may have come in if theie be then a plaintiff or credi-
tor competent to prosecute the suit Austin v Cochran 341

26 But a creditor's suit will abate by the death of a defendant heir or
devisee whether there be anyv surplus of the proceeds of the sale to

be returned to him or not 1 b

27 On the petition of a widow in a creditor's suit a commission may
be issued to assign her dower Ib

38 Another person may be admitted as a purchaser in place of him who
was reported as such Ib

42 3B