HOYE v. PENN. 29

The defendants, as heirs or devisees of the deceased debtor, to pay whose debts the
lands have been sold, may have their respective interests adjusted, so as to have
the surplus of the proceeds of sale distributed among them as such.

The share or dividend awarded to a party may be paid to his solicitor, or to his
attorney in fact, on a power of attorney properly authenticated.

This bill was filed, on the 10th of July 1802, by Francis Dea-
kins, executor of William Deakins, and Benjamin Stoddart, against
Benny Penn, Roby Penn, Charles Penn, junr., William Penn, Betsy
Penn, William G. Penn, Sarah Penn, and Caleb Penn, grantees
and heirs of the late Charles Penn, senr., and Nathan Waters and
Evan Gaither. Before any of the defendants had answered, the
plaintiff Francis Deakins died, and administration de bonis non was
granted on the estate of the late William Deakins to John Hoye;
and the defendants, Charles Penn, junr., and William Penn, died;
and Benny Penn and Roby Penn removed out of the .State. Upon
which a bill of revivor was filed by Hoye and Stoddart, making
John Penn and Lucy Penn, the infant heirs of the late Charles Penn,
junr.; and Jinn Penn, and Greenbury Penn, the infant heirs of
the late William Penn, defendants; and praying for an order of
publication against the absent defendants, which was passed
accordingly. Subpoenas were issued on this bill, some of which,
instead of being served by the sheriff, as is most usual, were served
by disinterested persons who made affidavit of the fact; which,
according to the course of the court, was held to be sufficient.

The bill states, that Ignatius Pigman, Joseph W. Pigman, Charles
Penn, senr., and Nathan Waters, being indebted unto a certain
Edward Gwinn, in the sum of £568 18s. 1d., on the 21st of
September 1788, gave their joint and several bond to Gwinn for
that amount; that Gwinn brought separate suits and recovered
judgments on the bond against Charles Penn, senr., and Ignatius
Pigman, for the principal, with interest from the 21st of September
1792, and costs. Upon which Charles Penn, senr., brought a writ
of error, and the plaintiff Stoddart, with the late William Deakins,
became bound as sureties in a bond to prosecute the writ of error;
that, the judgment having been affirmed, suits were severally
Brought against the plaintiff Stoddart and the executor of the late
William Deakins; and, judgments having been obtained against
them, they, on the 1st of May 1802, paid the whole debt, principal,
interest, and costs, then amounting to £934 10s. 9 3/4 d.; that the
late Charles Penn, senr., had, in his lifetime, conveyed aE his real
estate, consisting of sundry parcels of land lying in Montgomery