INDEX. 693

On the coming in of the answer of an	payment of debts, directed to be sold >«
infant or lunatic, not contesting the	by a master, under the provincial go-
allegations of the bill, a decree for a	vernment. — Orchard v. Smithy 319.
sale of the realty, as to him, may be at	The decree for a sale in such case, di-
once obtained. — Campbell's case, 220 ;	rected notice to be given to the credi-
Hammond v. Hammed, 352; Cham-	tors to come in, 319.
berlain v. Brown, 221; Boucher v.	Notice to creditors to file the vouchers of
Bradford, 222.	their claims, directed to be given by
In a creditor's suit, the case may be sub-	the decree for a sale, or by an order. —
mitted to obtain a decree for a sale,	Hammond v. Hammond, 360, 364; Ex
without setting it down for hearing. —	parte Tongue, 322; Tyson v. Hollings-
Campbell's case, 220; Hammond v.	worth, 329; Hindman v. Clayton, 337;
Hammond, 359.	Sprigg v. Magruder, 357; McMullin v.
The parol does not demur in a credi-	Burns, 357; Pattison v. Frazier, 874.
tor's suit, by reason of the infancy of	A bond creditor may sue the adult or
a defendant. — Campbell's case, 224;	infant heir, either at law, or in equity
Hammond t?. Hammond, 330, 344, 351 ;	by a creditor's bill. —— Hammond v.
Watkins v. Worthington, 519.	Hammond, 324; Tyson v. Hollings-
Although creditors, merely as such, have	worth, 329.
no lien on the real estate of their de-	Where the same person is the represen-
ceased debtor; yet, the heir or devisee	tative of the deceased debtor, as well
cannot alien it to their prejudice after	of his real as of his personal estate,
a creditor's suit has been brought. —	justice may be done to the creditors
Campbell's case, 240.	without delay, as to the personalty. —
A proceeding against the heir at common law, with a publication against the	Tyson v. Hollingsworth, 330. A further sale maybe ordered where the
others, in a creditor's suit. —— Kilty v.	first is not sufficient, 329.
Brown, 223.	Claims which have been passed or au-
Where it appears by the voucher of a	thenticated, as by the Orphans Court,
claim in a creditor's suit, that the de-	allowed, if not contested. — Hammond
ceased, with others, was bound, the	t?. Hammond, 365; Hindman v. Clay'
creditor must shew whether the de-	ton, 338; Pattison v. Frazier, 381.
ceased was principal, surety, or co-sure-	The claims of creditors, when stated and
ty, and if surety, that the others are insolvent. — Watkins v. Worthington, 516; Kilty v. Brown, 223; Hindman v.	confirmed, are usually paid by the trus- tee, without bringing the purchase mo- ney into court. — Hindman v. Clayton,
Clayton, 341.	339.
Of the proof required of the nature of the	No one or more claims should be paid,
contract, whether principal, or surety,	unless it appears that there is enough
or co-surety, and of the insolvency of	to pay all, 340.
the principal or co-surety. — Watkins	The creditors of the ancestor of the de-
v. Worthington, 540.	ceased debtor, from whom the estate
A creditor's suit does not profess to be	descended, are to be preferred to his
the demand of a single creditor; but is a call for the administration of the es-	own creditors, 341. A bond given by the heir does not amount
tate for the benefit of all, 525. A creditor's suit to obtain the sale of real	to a virtual relinquishment of such pre- ference, 342.
estate which had escheated. — Arthur	As a payment made to a creditor cannot
v. The Attorney- General, 245.	be recalled in favour of creditors who
To a creditor's suit by a surety, his prin- cipal was not made a party, 246.	afterwards come in, they are without the means of relief, 348. — Hammond v.
A creditor's suit against an executor	Hammond, 365.
alone.— The Bank v. Dugan, 254. A creditor permitted to come in before	The insufficiency of the personalty must be shewn before the realty can be sold ;
the defendant had answered, 255.	and, to shew that there may be an ac-
Where real estate is devised to be sold	count, and the creditors called in. —
for the payment of debts, a trustee ap-	Hammond v. Hammond, 357.
pointed ex parte, and treated as a cre- ditor's suit. — Hammond v. Hammond,	A decree for a sale, virtually takes pos- session of the estate, and places it
321; Deakins' case, 398; Ex parte	under the protection of the court, 360.
Tongue, 322.	After the court has by a decree, assumed
A simple contract creditor, cannot sus-	the administration of the assets, it will
tain an action at law, against the heir	by injunction, stay all other proceed-
merely, in respect of assets descended, but must file a creditor's bill. — Ham-	iags, 360, S92. Any other creditor who has come in
mood v. Hammond, 325.	may be allowed to prosecute the suit.
Real estate devised to be sold for the	as welt as the original plaintiff, 363.
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