
    ELY v. McLAIN’S HEIRS.
    (S. C., Thomp. Cas., 21-22.)
    Knoxville,
    September Term, 1847.
    PERSONAL COVENANTS. HEIRS. Heirs not bound on ancestor’s personal covenant, when.
    The ancestor’s heirs cannot be sued directly upon his personal covenant, though he attempted to bind them.
    In this cause the judgment in the court- below was for the defendant, _and the- plaintiff prosecuted an appeal in error to this court.
    The defendants’ ancestor, in his lifetime, made a personal covenant with the plaintiff in which he bound his heirs, and the plaintiff, alleging a breach, sued the heirs directly without first suing the administrator.
    
      1. Heirs and personal representatives not personally bound on covenants of ancestors.
    The only way in which the heirs and personal representatives of the conveyor are affected by the covenants of general warranty is that the estate of the deceased conveyor in their hands may be made liable for the breach of the covenants of general warranty just like his estate is liable for any of his other contracts, liabilities, or debts. 19 Am. & Eng. Ency. of Law, 1012 (citing Rawle, Cov. (5th ed.), secs. 309-311); Collins v. Admr. of Clamorgan, 6 Mo., 169 (see S. C. Case previously before the court, 5 Mo., 272).
    2. Ancestor’s real estate subjected to his debts.
    How' and when the real estate in the hands of the heirs or devisees is subjected to the payment of the ancestor’s debts. See Code, secs. 3985-4003, 4064-4138, and notes.
   Beese, J.:

This cannot be done.

Judgment affirmed.  