238 CAMPBELL'S CASE,

manner as if they, the devisees themselves, being competent to
contract, had, of themselves, mortgaged the estate devised to
them.

The heir of a deceased debtor, at common law, was only bound
for the payment of the bond debts of his ancestor, because of the
express terms of the obligation, and in respect and to the extent
only of real assets descended; which liability of the heir has been,
in Maryland, extended by statute in favour of all simple contract
creditors, in like manner as to bond creditors, (g) By the com-
mon law, if a debtor, instead of suffering his real estate to descend
to his heir, devised it to any person; or if the heir aliened the land,
before an action was brought against him, the creditor was without
remedy. But this injustice has been removed by a statute which
declares, that all devises, as against creditors, shall be deemed fraud-
ulent and void, and that the heir or devisee, after any such aliena-
tion, shall be liable to the value of the land so by him sold, (h) In
consequence of which, and as mere bond or simple contract credi-
tors have no lien upon the real estate of their debtor, the heir or
devisee becomes personally liable to the value of the realty by him
so aliened, leaving the land in the hands of a bona fide purchaser
entirely free from their claims; (i) or such creditors may follow the

(g) 5 Geo. 2, c. 7.—(h) Bac. Abr. tit. Heir and Ancestor F.—(i) Coleman v.
Winch, 1 P. Will. 777. Mathews v. Jones, 2 Anstr. 506.

CRAIG v. BAKER.—This bill was filed by Robert Craig, on the 17th of September,
1770, against the administrator, heirs, and devisees of Henry Baker, deceased. It
stated that the plaintiff and the late Henry Baker were the owners of a brig, and as
partners had her sent on several voyages; that the plaintiff purchased Baker's half
of the vessel for £660 Os. Od.; and it was then agreed between them, that all their
accounts should be fully and finally adjusted; but before they came to any settle-
ment Baker died, having first made his will, by which he disposed of all his estate,
real and personal, among his children; that his son Francis, who became his ad-
ministrator, alleges that his personal estate is not sufficient to pay his debts; that
the administrator has brought suit at law against this plaintiff for the recovery of
£650 0*. 0<l., the price of his intestate's half of the brig; and also, to recover the
amount of certain protested bills of exchange, drawn on account of the partnership
concern $ that on a fair adjustment of accounts it will appear, that the late Henry
Baker was greatly indebted to the plaintiff. Prayer for an account; for an injunc-
tion to stay the proceedings at law; and for general relief. An injunction was
granted as prayed, and the defendants answered.

A commission was issued on the 18th of July, 1774, in the usual form, to audit
and state an account. Under which the commissioners, on the 7th of May, 1785,
returned an account, by which it appeared, that there was a balance due to the plain-
tiff of £863 3s. 3d. with interest thereon from the 22d of April, 1767, to the 22d of
April, 1785.

The plaintiff, with leave, filed an amended bill, in February, 1786, the making other