1. Act of 1715, ch. 48, sec. 9. barring the claims of creditors against the estates of deceased persons.
2. A demised lands to B, and B covenanted in the indenture of demise to pay $50 annually for the rent. The demise was made in 1790, and B died in 1794, having had possession of the premises until his death. The demise expired in 1803, no rent having been paid. A sued the executor of B upon the covenant of the indenture for the rents; the suit was brought in 1804, and the executor pleaded the act of 1715, ch. 48, in bar. Plea sustained; for the defendants are not sued upon their own possession, but upon the possession of their testator, upon his pernancy of the profits of the demised premises, and not their own, and they must answer as his representatives. The act bars after seven years from the death of the testator, although great part of the rent did not become due until more than seven years after his death; no notice of the debt having been given to the executor within the seven years.
From Chowan.
The case was sent to this Court for the opinion of the judges.
(206) BY THE COURT.
The act of 1715, ch. 48, sec. 9, bars the plaintiff's claim. The principles of this decision being stated at large in the case of McLellan v. Hill, decided by this Court at June Term, 1804, it is unnecessary to repeat them here. Let judgment be entered for the defendants.
(207)