530 WATKINS v. DORSETT.

Whereupon it is ordered, that the foregoing statement as made
and reported by the auditor be and the same is hereby ratified and
confirmed; and the trustee is directed to apply the proceeds accord-
ingly, making payment to the said claimants or to their respective
solicitors, with a due proportion of interest that has been or may
be received, except claims No. 3,17, and 28, which are suspended
until further order.

WATKINS v. DORSETT.

An executor or administrator who overpays takes the place of the creditor whose

debt he pays, and is entitled to the benefit of his priority.
The principle of the statute of limitation may be applied in favour of a plaintiff as

well as of a defendant.
The act of assembly which gives the process of a judicial attachment applies only to

courts of common law.
Chases in action, and several other kinds of property are beyond the reach of a fieri

facias.

This bill was filed on the 29th of January 1827, by Samuel Wat-
kins, Augustus Watkins, Charles Watkins, Jinn Watkins, Jane
Watkins, and Eliza Watkins, infants, by Benjamin Watkins their
next friend, against Thomas J. Dorsett. The bill states, that
Samuel W, Clagett, by his will, made on the 21st of July 1815,
bequeathed certain negro slaves to the infant plaintiffs, and
appointed Walter Clagett his executor; that Samuel died soon
after, and Walter, having taken upon himself the office of executor,
returned an inventory of his testator's personal estate on the 3d of
June 1817; and on the 9th of April 1819 passed a final account,
in which he is represented to have paid in satisfaction of
claims against his testator the sum of $343 18 more than the
amount of moneys received by him; that, soon after the settlement
of this final account, he transferred and delivered to the legal
guardian of these infant plaintiffs, for their use, the several specific
legacies which had been bequeathed to them by his testator; and
acknowledged himself to be perfectly satisfied and paid; that after-
wards, in the year 1819 or 1820, Walter Clagett died; and the
defendant, who had married his daughter, and was thus interested
in having this alleged claim against the testator Samuel established.