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TESSIER v. WYSE. 53
general creditors, it seems to have been a matter of course to
direct all creditors to be paid out of the confiscated or escheated
property of their debtor. Yet as the state could not be sued or
in any way coerced to make any such application of property,
taken or fallen into its hands; (n) it was declared, that in case any
person should die seised of any lands intestate, without heirs and
indebted, and not leave personal estate sufficient to pay his debts,
any of his creditors might file a petition in Chancery suggesting
such facts, and praying that such real estate might be sold for the
payment of the debts of the deceased; and the Attorney-General
upon notice should appear and defend. Upon which the Chan-
cellor being fully satisfied of the truth of such facts might order a
sale of the real estate, &c.; which if not sufficient to pay all the
debts, the money arising from the sale should be equally distributed
among all the creditors in proportion to their debts without any
preference; and upon any certificate of survey being made and re-
turned in consequence of an escheat warrant, any creditor of the
deceased might enter a caveat to the same, &c. (o) Alter the
passing of some private acts to remove difficulties in cases of this
kind; (p) it was, by another general act declared, that in case any
person seised or possessed of land, or having an equitable interest
therein should die without leaving any known heir or devisee, and
without leaving a sufficient personal estate for the payment of his
debts contracted within this state, or with any of the citizens
thereof, the Chancellor upon the application of any such creditor
might order the real estate to be sold, &c. (q.)
These legislative enactments, on a careful consideration of them,
it will be perceived, do, in effect, declare, that a creditor may,
where there are no heirs or devisees, proceed against the state itself
to obtain satisfaction from the realty of his deceased debtor in the
hands of the state. And this privilege has been granted to credi-
tors by the first of these laws, so far as it may not have been vir-
tually repealed by the last of them, upon the terms, if there should
not be enough to pay all, that the proceeds of sale should be dis-
tributed in due proportion, without any preference; and that none
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(n) Jones v. Goodchild, 3 P. Will. 33; Bedford v. Coke, 2 Ves. 116; Burgess v.
Wheate, 1 Eden, 203; Middleton 9. Spicer, 1 Bro. C. C. 202; Megit 9, Johnson, 1
Doug. §42; Robert Fuller's case, 14 May, 1680; Land Record, lib, C. B, 45; John
Webster's case, 27 November, 1680; Land Records, lib. C. S. 60, 102.—(o) 1785,
ch. n, s. 1.—(p) 1789, ch. 83; 1792, ch. 44.—(q) 1794, ch. 60, s. 3, 6.
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