FRANKLIN VS. FRANKLIN. 343

which was held by the administratrix of said Benjamin; that
said Benjamin died, three or four years ago, intestate, leaving
a widow, the administratrix above mentioned, and several in-
fant children, all of whom reside on the estate and receive the
rents and profits thereof; and praying, that the property might
be decreed to be sold to pay said debt, or a writ of fieri facias
issued, to enforce said decree. The defences made were, that
the decree having passed more than three years before the
petition was filed, it could only be revived by a regular bill of
revivor; that a guardian should have been appointed to take
the infant's answers; that there was no allegation of an insuf-
ficiency of the personal estate; that the debt had been fully
paid; and, that the cause of action, under the said decree,
was or ought to have been, included in the bill filed in this
court by the petitioner, on the 18th of January, 1849, and if
not, the two causes ought, at least, to be consolidated now.]

THE CHANCELLOR ;

The petition filed in this case by Robert Franklin, on the 3d
of January last, is founded upon the act of 1842, ch. 229; and,
as must be conceded, must stand or fall, according as it may or
may not be warranted by the provisions of that act. Its ob-
ject is to procure, in a summary way, the execution of a de-
cree passed by this court, on the 25th of July, 1839, either by
a sale of the property supposed to be bound specifically by the
decree, or an execution offieri facias to make the money.

[After briefly alluding to the facts of the case, the Chancel-
lor proceeded to notice the defence taken; that the decree
ought to be revived by a bill of revivor.]

The act of assembly, upon which the petitioner relies, is a
remedial law, and, to be construed liberally, to advance the
remedy and obviate the mischief; but still, the court does not
feel itself at liberty to stretch its provisions, to cases which do
not appear to have been within the contemplation of the legis-
lature, becaase, it may think that the convenience of parties—