JONES v. JONES. 443

JONES v. JONES.

Land was not liable to be taken and sold to satisfy a debt due to a citizen, until made
so by statute; but it might always be taken in execution to satisfy a debt due to
the State; for which it is bound, by act of assembly, from the day of the institu-

. tion of the suit.

Under a fieri facias levied upon the land of the defendant in his lifetime, it may be
sold after his death.

By a sale of land under a fieri facias, it was held by the Chancellor, that it was
thereby converted into personalty; and that the surplus should be paid to the per-
sonal representative of the deceased defendant; but the Court of Appeals held
and ordered otherwise.

Land may by operation of several forms of judicial proceeding be converted into
personal estate.

This court cannot order a sheriff, who has in his hands money made under an execu-
tion from another court, to bring it into this court.

This was a creditors' bill, filed on the 14th of February 1827,
by Hiram Jones and Elizabeth Jones, against Martha Ann Jones and
Emeline Jones, infant heirs of the late Jesse Jones, Richard Spencer
jun'r, and Edward Brown.

The bill states, that the defendant Spencer had, on the 1st of
October 1824, recovered two judgments against Jesse Jones, in his
lifetime, the one for $230 with interest from the 23d of January
1823 and costs; and the other for $167 with interest from the 27th
of May 1824 and costs; which two judgments Spencer had assigned
to this plaintiff Hiram Jones; that Jesse Jones was, at the time of
his death, indebted, by a single bill, to the plaintiff Hiram Jones
in the sum of $79 25, with interest from the 4th of September
1823; that Jesse Jones, at the time of his death, was indebted to
the plaintiff Elizabeth Jones, by bond, in the sum of $868 27
with interest from the 16th of April 1825; that Jesse Jones died
intestate, seized of about twenty acres of land, leaving a widow
and the two infant defendants his children and heirs at law; that
there has been no administration upon his personal estate, the whole
or nearly all of which had been sold under executions which had
been levied upon it previous to his decease.

It further appears, from the bill and its exhibits, that Thomas
Dawson had brought suit in Kent County Court, and, on the 17th
of March 1823, recovered judgment against Jesse Jones, from
which Jones appealed; that on the 7th of June 1824 the judgment
of the county court was affirmed by the Court of Appeals, for the
sum of $250 with interest from the 12th of July 1820, and costs,