656 INDEX.—2 BLAND.

DEBTOR AND CREDITOR.—Continued.

which implies an abandonment of such a defence, or that the claim
is to be met upon its merits. Ib.

7. The general rule is that no one can be allowed to intrude himself
upon another as his surety; and therefore if a man voluntarily pays
the debt of another, without any agreement to that effect with the
debtor, he cannot take the place of the creditor, or recover of the
debtor the money so paid. Winder v. Diffenderffer, 155.

8. The doctrine of substitution embraces only those cases where there is
a principal debtor and a surety by express or implied contract; or
where, for the benefit of commerce, a man is allowed officiously to
place himself in the condition of a surety; or where he has by mis-
take, as in the case of an executor, made payment as if he had stood
in that situation. 1 b.

9. The marshalling of securities is only made where the debt is so se-
cured as to give to the creditor the means of obtaining payment out
of the two funds, and others can reach only one of them. In such
case the Court will compel the creditor who holds the more compre-
hensive security to obtain payment, as far as practicable, out of the
fund which the other creditors cannot reach: so as to leave the other
fund to be distributed among the creditors holding more limited se-
curities. Ib,

10. In a creditor's suit the case may be submitted, to obtain a decree for
a sale, without having been regularly set down for hearing. Camp-
bell's Case, 195.

11. During the pendency of a suit, a defendant cannot encumber or sell
the estate to the prejudice of a plaintiff who may have a claim upon
it, or of a party who, as a creditor, may have a right to have it sold
as assets to be applied in satisfaction of the deceased's debts. Ib.

13. Formerly the estate of a lunatic might be saved as far as practicable:
and as regarded infant heirs and devisees, the parol might demur;
but now, on the answer of a lunatic by his committee, or an infant
by his guardian ad litem, in a creditor's suit, a sale of the realty may
be at once decreed to pay debts. Ib.

13. A devise for the payment of debts if sufficient and effectual for that
purpose is valid, and creditors can only take the estate devised, but
if the property devised is insufficient, it is void as to creditors. Ib.

14. An Act giving authority to mortgage the real estate of a deceased
person for the payment of his debts, may bind his heirs and devisees
who applied for it, but it cannot affect the rights of his creditors.
Ib.

15. Although bond and simple contract creditors, as such, have no lien
on the real estate of their debtor, yet no alienation of the heir or de-
visee to their prejudice, after a creditor's suit has been commenced,
can be sustained. Ib.

16. To constitute such a lis pendens in this Court it is sufficient that there
be a bill filed and a subpoana returned served in a suit, the object of
which is to affect the right to the debts.' Ib.

17. Several suits, the objects of which are to have the same estate applied
in satisfaction of the same set of creditors, may be consolidated. Ib.