Carneal's Heirs v. Day

THE only question presented, on the application for a reconsideration of this cause, is, whether the circuit court was correct or not, in entering the decree against the heirs of Carneal in their own right, instead of directing the amount decreed to be levied of the assets to them descended.

2. We are inclined to the opinion that the decree should have been entered to be levied of the assets descended. The heirs were not expressly bound in the bond, upon which the suit was founded, and they were liable to be sued only in virtue of the provision in the act, subjecting lands to the payment of…