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@i TESSIER t*. WYSE.
during the minority of the heir. If, however, the heir neglected
10 come in, within a reasonable after he attained full age, and
shew cause against the decree m% he was precluded, and it would
be held to be absolute, (f) But according to our act of Assembly,
the parol cannot be ordered to demur, in a creditor's suit, during
the minority of am infant heir or devisee; nor can such an infant
have a day allowed him to shew cause on his attaining his full
age. la all cases coming under that act of Assembly, as this
does, if the creditor establishes his claim, he is entitled to an abso-
lute decree at once for a sale of his deceased debtor's real estate,
for the payment of his debts; (g) and therefore, although an infant,
on his attaining full age, pending the suit, may be allowed to come
in as of course, and to demur, plead, or answer, as he may think
proper; (h) yet he cannot be permitted to do so, after a decree of
this kind has been passed, without virtually abrogating the act of
Assembly, which by placing infants upon a footing with adults, in
this particular, does, in effect, require of them as well as of adults,
that they should shew good cause in order to have any such decree
rescinded, and the case reheard. In this case no such good cause
has been shewn, and therefore,
It is Ordered^ that the said petition be dismissed with costs;
and that the order suspending the execution of the decree, be
rescinded.
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The defendants appealed, and for the manner in which the case
was disposed of by the Court of Appeals, see Wyse v. Smithy 4
H. and G. 295.
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(f) Fountain v. Caine, 1 P. Will. 004; Napier v. Effingham, 2 P. Will. 401;
Bennet v. Lee, 2 Atk, 581; Brookfield v. Bradley, 4 Cond. Cha. Rep. 297; Kelsall
v, Kelsall, 8 Cond. Cha. Rep. 58.—(g) 1785, ch. 72, s. 5; Hammond v. Hammond,
2 Bland, 852; Kelsall v. Kelsall, 8 Cond. Cha. Rep. 61; Powys v. Mansfield, 9 Cond.
Cha. Rep. 445.— (h) Harwood v. Rawlings, 4 H. & J. 126; Savage v. Carroll, 1
Ball. & Be. 548.
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