306 HAMMOND v. HAMMOND.

hereafter come to her hands as executrix or otherwise, up to the
20th day of November next. Provided, that a copy of this order
together with a copy of the aforegoing petition be served on the
said Eleanor Dawson, on or before the 20th day of October next.

These parties afterwards, by their petition on oath, stated, that
the defendant Eleanor Dawson, had left this state; was then be-
yond sea; and the date of her probable return, or the certainty that
she ever would return, was not within their knowledge. Whereupon
they prayed, that the court would direct that their petition and the
order thereupon should be published, warning the said Eleanor
Dawson to comply therewith; or that they should have such other
relief as might be deemed proper.

15th October, 1832.—BLAND, Chancellor.— Ordered, that the
time limited for the said defendant's bringing into this court the
said sum of money, and for rendering an account of the assets be
and the same is hereby extended to the 16th day of January next.
Provided that a copy of this order, together with a copy of the said
order of the 28th day of September last, be published in some
newspaper three times a week, for three successive weeks, before
the 15th of November next, (y)

HAMMOND v. HAMMOND.

The auditor may summon a witness to attend and give evidence before him; and
on his failing to do so, the court will compel him to attend and testify.—In general,
pecuniary legacies bear interest from the end of one year from the death of the
testator.—Where one legacy is substituted for another, the substitute will, in ge-
neral, carry with it the same incidents as the original.

How far lands in possession, reversion, or remainder, in the hands of an heir or de-
visee, are liable for debt at common law, or by statute —The cases in which a cre-
ditor's suit may be sustained; or in which the court will take upon itself the ad-
ministration of an estate.—The form and necessary allegations of a creditor's bill.
—The proper and necessary parties to a creditor's suit.—The plaintiff must have
an interest in common with the other creditors; and therefore a mortgagee, or a ven-
dor, having an equitable lien, cannot, merely as such, sustain a creditor's suit.—A
creditors suit may be engrafted on another suit having a different object.—Simple
contract creditors cannot sue and recover, at law, from the heir, merely in respect
of assets descended; but must file a creditor's bill.—In a creditor's suit, the parol
shall not demur; and the heir or devisee may be made to account for the rents and
profits.—The claims of all, or of some one of the creditors; and the insufficiency

(y) 1818, ch. 133, s.1.