|
|
|
|
|
|
|
TESSIER v. WYSE. 41
heir, or the executor or administrator of the deceased debtor. So
that if the executor has assets, and the heir also has assets, it is
still at the election of the creditor to have his debt of either the
one or the other as he pleases. In the suit against the heir it is
not necessary to allege, that the executor has no assets; for even
if he has a sufficiency of assets, it is no defence for the heir. On
the plaintiff's establishing his claim he may have judgment, that all
the lands so descended be extended, at an estimated annual value,
and delivered to him to hold until his debt is paid. And when
the heir has paid debts to the value of the land he may hold it
discharged from all other claims of the creditors of his ancestor.
But, in such case, if any one of the heirs be an infant the parol
shall demur as to all until such minor attains his full age. This is
a mode of proceeding given by the common law to a specialty cre-
ditor against the heirs of the deceased debtor, by which such a cre-
ditor's title to obtain satisfaction from the property of the deceased
is thus extended indiscriminately over the whole of his real and
personal estate, (p) But if the heir pays such a bond debt of his
(p) Davy v. Pepys, Plow. 439; Luson's Case, Dyer, 81, pl. 62; Quarles v. Ca-
pel!, Dyer, 204, p. 2; Sir William Harbert's Case, 3 Co. 12; Davis t?. Churchman,
3 Lev. 189; Haight v. Langham, 3 Lev. 303, 304; Buckley n. Nightingale, 1
Strange, 665; Smith v. Angel, 7 Mod. 41; Stileman v. Ashdown, Arab. 16; Kinas-
ton v. Clark, 2 Atk. 205; Bac. Abr. tit. Heir and Ancestor, F; 2 Harr. Ent. 106.
ANDERSON v. RAWLINS.—19th August, 1695.—JOWLES, Chancellor.—Whereas,
heretofore, that is to say, on the 13th day of November, 1694, John Anderson, of
Dorchester county, planter, did exhibit his bill of complaint, in the honourable
Court of Chancery, against John Rawlins, son and heir of John Rawlins of the
said county, planter, deceased, thereby setting forth, that whereas, the said John
Rawlins the father, was, in his life-time, seised and possessed of a parcel of land,
called The Inheritance, lying on the east side of Chesapeake bay, and on the eastern
side of Blackwater river, in Dorchester county, aforesaid, whose lines are in the
said bill expressed, containing, and laid out for three hundred acres, more or less:
and that the said John Rawlins, the father, did, in his life-time, to wit: about the
year of our Lord 1680, for the consideration of ten thousand pounds of tobacco, to
him, the said John Rawlins, well and truly paid, by the said John Anderson, the
complainant, agreed to sell and convey the said three hundred acres, called The
Inheritance, to the said complainant, his heirs and assigns forever. And also, that
he, the said John Rawlins, would, in some short time after, by himself, or his at-
torney thereunto authorized and appointed, make to the said complainant a firm
conveyance of the same according to law, to be acknowledged and recorded in the said
County Court of Dorchester county aforesaid; but, that before the said conveyance
was perfected, he, the said John Rawlins, died, leaving John Rawlins, his son and
heir, an infant, under the age of twenty-one years, by reason whereof the said com-
plainant could not have a good estate made to him of the said three hundred acres of
land, till the said John Rawlins, the son, should be of full age. And whereas, John
Rawlins, the son, being satisfied, that the said complainant had bought and paid for
6 v.3
|
|
|
|
|
|
|
|
 |
