|
|
|
|
|
|
|
CREDITOR'S SUIT.
|
plaintiff or creditor competent to pro-
|
|
|
|
A plaintiff is not bound to use active
|
secute the suit. — Austin v. Cocliran,
|
|
|
|
diligence against his debtor. — Tessier
|
33d,
|
|
|
|
v. Wyse, 85,
|
But a creditor's suit will abate by tte
|
|
|
|
The plaintiff need not allege and shew,
|
death of a defendant, heir or devisee,
|
|
|
|
that the personal estate of the deceased
|
whether there be any surplus of the
|
|
|
|
is insufficient; that being a question
|
proceeds of sale to be returned to him
|
|
|
|
between the heir and executor, 43, 49.
|
or not, 840.
|
|
|
|
An heir, devisee or next of kin, or any
|
Where it appears that there is, or has
|
|
|
|
one claiming under them, may by a
|
been any personal estate, the executor
|
|
|
|
creditor's suit have the creditors called
|
or administrator should be ordered to
|
|
|
|
in and satisfied, 36.
|
account. — Simmons v. Tongtie, 352.
|
|
|
|
A creditor cannot be made to exhaust
|
A decree for a sale establishes the plain-
|
|
|
|
one species of his debtor's property, as
|
tiff's claim, and the insufficiency of the
|
|
|
|
the personalty, before he is allowed to
|
personal estate, 353; McCormick v.
|
|
|
|
go against another, as the realty, 37, 43.
|
Gibson, 501.
|
|
|
|
In a creditor's suit, by a bond creditor,
|
Where a creditor neglects, on being: ac-
|
|
|
|
apart from any statute, the personalty,
|
tually notified, to corae in under a cre-
|
|
|
|
as the natural fund will be first applied,
|
ditor's suit against the estate of the
|
|
|
|
42.
|
deceased as his principal debtor, such
|
|
|
|
Neither the statute making lands liable
|
debtor's sureties will be discharged. —
|
|
|
|
to be sold for the payment of debts,
|
Simmons e. Tongue, 354.
|
|
|
|
nor any of the acts of Assembly have
|
Where it appears doubtful upon the face
|
|
|
|
made any alteration in the principles
|
of the voucher, the claimant roust shew
|
|
|
|
by which a creditor's suit is governed
|
whether the deceased was principal or
|
|
|
|
in regard to the application of the real
|
surety, 358.
|
|
|
|
and personal estate of a deceased
|
The original bond, bill, or note should be
|
|
|
|
debtor, 44, 53.
|
produced; or, if lost, an authenticated
|
|
|
|
The acts allowing creditors to obtain
satisfaction from the escheatable estate
|
copy or other proof, 838.
No claim can be admitted which dirt not
|
|
|
|
of their debtor, do not affect their rights
|
exist as such against the deceased, 350.
|
|
|
|
or their mode of proceeding against
|
Claims withdrawn for the purpose of
|
|
|
|
the heirs or devisees of their deceased
|
being re-stated, the re-statement con-
|
|
|
|
debtor, 53.
|
sidered as an amended bill, 359,
|
|
|
|
Where the then defendants are entitled
|
Where creditors come in so late as to re-
|
|
|
|
to both personal and real estate, the
|
quire the distribution to here-cast, they
|
|
|
|
personal representative of a deceased
|
must defray the expense of the re-state-
|
|
|
|
debtor need not be made a party, 57.
|
ment, 360.
|
|
|
|
Evon if the bill should be dismissed as to
|
Where there are a multitude of claims,
|
|
|
|
the heirs, yet relief may be had against
|
after the auditor's first statement of
|
|
|
|
the administrator to the extent of assets
|
them, time is allowed for investigation.
|
|
|
|
in his hands, 58.
|
359.
|
|
|
|
No dilatory proceeding or postponement
to be allowed in a creditor's suit in
|
If a mortgagee or incutnbrancer comes
in under the decree, he will be bound
|
|
|
|
favour of a lunatic, 50.
|
by it.— Post v. Mackall, 495.
|
|
|
|
Under a creditor's suit against the state,
|
Where there appears to be an outstanding
|
|
|
|
escheated lands maj be sold and the
|
incumbrancer, the surplus of the pur-
|
|
|
|
proceeds distributed without prefer-
|
chase money will not be paid to the
|
|
|
|
ence, and only among citizen creditors,
53.
|
defendant to the prejudice of the pur-
chaser, 495.
|
|
|
|
A purchaser may be directed to pay a
|
When the statute of limitations is relied
|
|
|
|
creditor out of the unpaid purchase
|
on in general terms it is applied ac-
|
|
|
|
money. — Coombs v. Jordan, 286, 294,
|
cording to the nature of the claim; is
|
|
|
|
A creditor's suit which had performed its
|
only to prevail as it raay apply to the
|
|
|
|
office as to them, continued as a suit by
the defendant's heirs against the pur-
|
representative of the realty or person-
alty; and runs up to the time of filing
|
|
|
|
chaser, and then as to nis heirs again
|
the voucher, 498.
|
|
|
|
converted into a creditor's suit, 294.
|
An objection in bar, or a plea of limita-
|
|
|
|
Where a judgment has abated by death
|
tions can be received only from him
|
|
|
|
during the continuance of the lien, the
|
who has something to protect by it ;
|
|
|
|
plaintiff or his representative may
come in under a creditor's suit and
|
and a plea of limitation enures only to
the benefit of him who relies on it, 409,
|
|
|
|
have the benefit of such lien without
|
525; McCormick r. Gibson, 500, 508;
|
|
|
|
reviving at law, 326.
A creditor's suit does not abate by the
|
The Cape Sable Company's case, 672.
The mode of distribution where there are
|
|
|
|
death of a plaintiff or any creditor who
may have come in, if there be then a
|
conflicting: pleas of the statute of limi-
tations.— Post v. Mackall, 526; McCor-
|
|
|
|
86 v. 3 mick v. Gibson, 500.
|
|
|
|
|
|
|
