
    GENERAL COURT,
    MAY TERM, 1794.
    Rezin Hammond against Edward Gaither’s Heir and Devisee.
    THIS was an action of debt on a bill penal. The defendant pleaded riens per descent, except certain lands which he had aliened for a valuable consideration. (See the plea in 2 Harr. Ent. 547.) The plaintiff demurred generally. The writ issued on the 5th of April, 1792. The lands Were aliened the 1st of November, 1790.
    
      Pinkney, for the plaintiff.
    The defendant aliened the lands devised before the action was brought. It is clear by the statute of 3 and 4 W. & M. c. 14. the lands are liable in the hands of the alienee. But can the plaintiff, on a judgment against the devisee, take execution against the land aliened, without first issuing some process on which the terretenant shall, have a day. in court to contest the matter? See Jac. Dict. tit. Heir. 3 Bac. Abr. 364. and the statute. Also Carth. 35. 5 Mod. 122.
    The statute makes void the will against creditors, and of consequence the alienation of the devisee; so that if judgment be obtained against the devisee the alienee need not be noticed, the alienation as to creditors being' void-
    
      Note. The saving in the statute as to lands bona Jide aliened by, the heir before action; for the legislature seem to hold, that without that saving thev would have been liable to immediate execution on judgment against the heir, without any process to terretenants.
   The Court

gave judgment on the demurrer for the plaintiff for his debt and costs, to be levied of the lands mentioned in the plea of the defendant.  