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48 TESSIER v. WYSE.
fend for the payment of debts; but there is no expression in it
which can be so construed as to lessen or impair the previously
existing legal rights of creditors; or which intimates an intention
to prevent a specialty creditor from suing and enforcing payment
at common law from the heir alone, in respect of real assets de-
scended to him; or which would prevent a simple contract credi-
tor, under a creditor's bill in Chancery, from obtaining relief upon
the same principles, and to the same extent as a bond creditor
from the heirs or devisees of the deceased in respect of the real
assets held by them. It may be safely assumed, therefore, that
this act of Assembly has made no change whatever in the law as
regards the matter now under consideration.
By another act of Assembly it has been enacted, 'that if any
person hath died, or shall hereafter die, without leaving personal
estate sufficient to discharge the debts by him or her due, and
shall leave real estate which descends to a minor, or person being
idiot, lunatic, or non compos mentis, or who shall afterwards be-
come non compos mentis, or shall devise real estate to a minor, or
person being idiot, lunatic, or non compos mentis, or who shall
afterwards become non compos mentis, the Chancellor shall have
full power and authority, upon application of any creditor of such
deceased person, after summoning such minor, and his appearance
by guardian, to be appointed as aforesaid, and hearing as afore-
said, or after summoning the person being idiot, lunatic, or non
compos mentis, and his appearance by trustee, trustees or com-
mittee, to be appointed as aforesaid, and hearing as aforesaid, and
the justice of the claim of such creditor is fully established, if,
upon consideration of all circumstances, it shall appear to the
Chancellor to be just and proper that such debts should be paid
by a sale of such real estate, to order the whole or part of the real
estate, so descended or devised, to be sold for the payment of the
debts due by the deceased.' (g)
On adverting to the law as it has been shewn to have existed
when this act of Assembly was passed, it will be seen, that a spe-
cialty creditor, to whom the heir was bound by the contract, had
an unquestionable right to proceed, at his election, against the
heir, or the executor of his deceased debtor; that there being a
sufficiency of personal estate to pay the debt was no defence for
the heir; that if the heir paid the debt he might, by bill in
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