CAMPBELL'S CASE. 241

who, as a creditor, may have a right to have it sold as assets to
be applied in satisfaction of the deceased's debts, (k)

In this case, long after a suit had been instituted by these very
devisees themselves, to have the real estate of this deceased debtor
sold for the payment of his debts, they applied to the general as-
sembly and obtained this special act, authorizing them to raise
money for the payment of those debts by way of mortgage instead
of a sale of the realty; which act they did not ask this court to
carry into effect for their benefit, until after the creditors of their
testator had been publicly notified to come in, and some of them
had actually become parties by filing the vouchers of their claims.
So far as this private act lends its aid in removing any disabilities
or difficulties which had rendered it impracticable for these devisees,
of themselves, to apply the estate of the deceased debtor to the
payment of his debts, it may be permitted to stand; but it certainly
cannot be suffered to operate so as to hinder or delay creditors in
the recovery of their debts, any more than a mere voluntary mort-
gage, or sale made by an heir or devisee of himself, pending a suit
against him, could be allowed to be of any avail, in preventing a
then plaintiff creditor from obtaining a decree for a sale for the
satisfaction of his claim.

It is clear, therefore, that this private act of assembly, so far as
it has been presented as an obstacle to the relief prayed by this bill,
can be of no avail, and must be regarded as utterly unconstitu-
tional and void.

On taking a retrospective view of the various proceedings,
which have been had, in relation to this estate, and the disposition
which has been already made of some of it, for the benefit of the
devisees and creditors of the deceased, it is sufficiently obvious,
that, to facilitate the further progress of the court in this matter, it
will be necessary to consolidate, and have them henceforth con-
sidered as one suit, covering all matters within reach of a creditor's
suit, and of a bill filed by the legatees and devisees, for a distribu-
tion of the surplus after the payment of debts. And it is also
obviously necessary, that these executors and trustees should, all
of them, be called to an account. I shall therefore order a sale,
consolidate the cases, and direct an account to be taken.

Whereupon it is Decreed, that the real and personal estate of
William Campbell, deceased, yet remaining undisposed of, or so

(k) Co. Litt. 102; 1 Pow. Mortg. 547, note R.; Sugd. Vend. & Pur. 535; Calvert
Parties, 101.