336 HAMMOND v. HAMMOND.

against the heirs or devisees of the debtor so long as any one of
them remained under age; until, by an act of assembly, the court
was authorized, where lands possessed by an infant were chargea-
ble with the payment of money, and therefore, liable to a decree
for sale, to pass such a decree with the consent of the guardian of
the infant heir; (t) which delay and consent were in some particu-
lar cases dispensed with by special legislative enactments, (u)

After which it was, by a general law, declared, that in case an
action at common law should be brought, in which the title to real
estate was involved, which action should abate by the death of
either plaintiff or defendant, and such title should descend or be
devised to an infant, the action should not be tried during the
minority of such infant, unless his guardian or next friend should
satisfy the court, that it would be for his benefit to have it tried, (w)
And it was further provided, that, in case there should not be per-
sonal estate sufficient to pay the debts of the deceased, the heir or
devisee, being of full age, or upon his arrival at the age of twenty-
one, should, to the value of the land descended, pursue the same
rules, in payment of the debts of the deceased, as were prescribed
by law for executors or administrators, (x) Thus, in effect, con-
stituting the adult heir or devisee of the deceased an administrator
of his real assets.

But still, as in actions at law, by bond creditors against infant
heirs or devisees, as original defendants, the parol must demur;
and as creditors by simple contract, or where the heir of the debtor
was not bound, could only sue in equity to obtain satisfaction from
the real estate of their deceased debtor, where, as at law, the parol
was allowed to demur in favour of infant heirs or devisees, to the
great hindrance and delay of creditors, it was therefore, declared,
that if any person should die without leaving personal estate suffi-
cient to discharge his debts, and should leave real estate to descend,
or which he had devised to a minor, the Chancellor might, upon
the application of a creditor of the deceased, if he should deem it
proper, after the minor had been summoned, and appeared by
guardian, and the parties had been heard, and the justice of the
claim had been fully established, order such real estate to be sold
for the payment of the debts due by the deceased, (y)

(t) 1773, ch. 7; Pue v. Dorsey, 1 Bland, 139, note.—(u) 1784, ch. 82.—(w)
1785, ch. 80, s. 2.—(x) 1785, ch. 80, s. 7.—(y) 1785, ch. 72, s. 5; 1789, ch. 46.
I7§4, ch. €0, s. 2; 1799, ch. 79, s. 4; Baltzell v. Foss, J H. and G. 506.