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TESSIER v. WYSE. 47
either party, it is provided, that upon the death of either plaintiff
or defendant in any such action, involving the title to land, if the
heir or devisee of the deceased be an infant, such action shall not
be tried during bis minority; unless his guardian, or next friend,
satisfy the court, that it will be for his benefit, (d) And in the
same act of Assembly it is declared, that in the payment of the debts
of deceased persons, no creditor shall be entitled to any priority,
except such as have obtained judgment against the deceased; nor
shall any preference be given to creditors in equal degree by the
executor or administrator, who shall observe the following rules,
where it is apprehended the deceased has not left personal estate
sufficient to satisfy the debts due by him; to wit; to pay no debt
until the end of twelve months after the death of the deceased; to
give notice for all his creditors to produce their claims after the
expiration of that time at a certain day and place properly authen-
ticated, when the executor shall first discharge all judgments in full,
or equally and in due proportion; and next shall divide the assets
equally among all other creditors, without priority or preference, &c.
And if any executor or administrator shall not observe these roles,
he shall be liable to pay, out of his own estate, the loss sustained by
any creditor in consequence thereof, (e) And in case there be no
personal estate sufficient to pay the debts of the deceased, and he
shall have left lands to descend, or hath devised the same, and the
heir or devisee may be liable to pay the debts of the deceased, to
the value of the lands descended or devised, then such heir or de-
visee, being of full age, shall pursue the rules aforesaid, in the pay-
ment of the debts of the deceased; and upon default, such heir
or devisee shall be liable to pay out of his own estate the loss sus-
tained by his misconduct or neglect. And that all courts of law
and equity shall observe the directions of this act. (f)
It is clear, from the language of this law, that, as regards tie
privileges of infants, its provisions are confined altogether to ac-
tions at common law; and that, as regards the administration of
deceased persons estates, it merely prescribes rules for the payment
of debts, by which executors and administrators, as well as adult
heirs and devisees, so for as they may be liable in respect of assets,
are alike to be governed. This law apparently recognizes the
rule in equity, that the personal estate is the primary and natural
(d) 1785, ch. 80, s, 2; 3 Blac. Com, 300.—(e) Altered by 1798, ch. 101, sub
ch.8,—(f) 1785, ch. 80, s. 7: Webster v. Hammond
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