HAMMOND v. HAMMOND. 353

cree. (d) Such has always been held to be the true construction
and necessary consequence of those legislative enactments; for, if
it were not so, they would have removed no obstructions, nor given
to creditors any additional facilities whatever in recovering satis-
faction of their debts from the real estate of their deceased debtor,
in the hands of his infant heirs or devisees, (e)

(d) Hill v. Binney, 6 Ves. 738; Burroughs v. Elton, 11 Ves. 36.

(e) But, in regard to this privilege of infants, it may be well to recollect, that,
in some cases, it still exists; and that the parol may demur in all cases at com-
mon law and in equity, except where it has been otherwise provided by the above-
mentioned acts of assembly; by those acts in relation to proceeding by publication,
against absent infant defendants, and by the act which relates to infants who may
be made parties to a suit which had abated by death. In Virginia, it has been de-
clared that the parol shall not demur in any siiit at law or in equity, by reason of
the infancy of the plaintiffs or defendants, or either of them—1798, ch. 240. In
England, the giving of a day to shew cause after they come of age, and allowing
the parol to demur, has, by a statute passed in the year 1830, been totally abolished.
1 W. 4, c. 47, s. 10; Kelsall v. Kelsall, 3 Cond. Cha. Rep. 61; Powys v. Mansfield,
9 Cond. Cha. Rep. 446. By the civil law, the estate of a minor might be sold by
his guardian for the payment of any debts due by the ancestor or person from whom
it was derived; or for any necessary purpose under the sanction of a decree of a
court; yet it is said, that according to that law, if there be a suit or controversy on
foot touching the estate of the minor, it should, in his favour, be postponed until the
time of his puberty. Ayliffe Civ. Law. 218,219; Bac. Abr. tit. Infancy and Age, L. 1.

BOND v. BOND.—This creditor's petition, filed on the 21st of October, 1783, sta-
ted, that the petitioners were creditors of the late Joshua Bond, who died intestate,
seized of a considerable real estate, leaving a widow and several children, among
others, John Bond, the only defendant, a minor, his eldest son and heir at law; that
the intestate, at the time of his death, was indebted to the petitioners and divers
persons in considerable sums of money, far exceeding the amount of his personal
estate, which Ann, his widow, as administratrix, has paid away in discharge of his
just debts. Prayer that the lands be sold, &,c. The infant defendant and heir an-
swered by his guardian ad litem, &c.

2d June, 1786.—ROGERS, Chancellor,—This case standing ready for decision, and
the petition, aaswer, and other proceedings, appearing as before recited and set
forth, it is thereupon Decreed, with the assent of the said John Dodd as guardian of
the said John Bond, that the said John Dodd who is hereby appointed trustee for
that purpose, and the other purposes of this decree do set up and expose to sale at
public vendue, upon twelve months credit, the several tracts and parcels of land in
the petition mentioned, or such part or parts thereof as may be sufficient to pay and
satisfy the petitioners their respective claims; that is to say, all that tract of land
called Good Luck, lying in Baltimore county, and containing one hundred and
twenty-five acres, more or less; all that tract of land called Addition to Good Luck,
lying in Baltimore county, and containing twenty-five acres, more or less; and also
all that other tract of land, lying in Baltimore county, called Round About Neigh-
bours, and containing sixty-one acres, more or less; after giving six weeks notice
thereof, in the Baltimore newspapers, of the time and place of such sale; and the
same several tracts of land when so sold; or so much thereof so disposed of as may
be necessary for the purposes aforesaid, the said John Bond, by his guardian afore-

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