CAMPBELL'S CASE. 219

their testator; the proceeds of which they have not applied in satis-
faction of his debts; that the trustee, the defendant Donaldson, had
not yet accounted for the sums received by him; and that the per-
sonal estate together with so much of the real estate as had been
devised to be sold was wholly insufficient to pay the debts of the
testator, - Whereupon it was prayed, that the executors, and the
several trustees might be ordered to account for the property and the
several sums of money disposed of and received by them; and that
so much of the real estate of the testator as had been devised to
these defendants, his children and grand-children, as would be
sufficient for the payment of his debts might be sold for that pur-
pose, &c.

The defendant Charles Campbell, by his committee, James
Cunningham, answered and admitted the matters as set forth, so
far as they were within his own knowledge; but he insisted, that
all the lands devised to be sold should be first disposed of
before any other portions of the real estate should be ordered to be
sold; and also, that no part of that which had been devised to him
the lunatic, and which constituted his only means of support
should be sold, until a full account had been taken of the funds
which had passed into the hands of the trustees.

The infant defendants, children of the defendant Catherine, an-
swered by their guardian ad litem, and admitted the circumstances
as set forth in the bill; but they insisted, that the lands devised to
be sold, should be first applied in satisfaction of the debts; and
they also insisted, that the act authorizing the Chancellor to appoint
a trustee to mortgage the estate of the testator, and the proceedings
under it, having passed with the full knowledge of the plaintiffs,
and without any opposition from them or any other of the testator's
creditors, this court had no power to set aside and disregard that
law, and the decree under it; and to order a sale of the estate as if
no such proceedings had been had.

The trustee, Donaldson, put in his answer, in which he admitted
all the matters set forth so far as he was concerned. The other
defendants having been summoned, and having failed to answer, an
interlocutory decree was passed against them, under the act of
Assembly; (f) and a commission to take evidence was issued and
returned in the usual manner.

(f) 1820, ch. 161, s. 1.