*501By the Court :

The act of the assembly of Maryland refers in express terms to creditors, and has special reference only to suits prosecuted by that particular class of claimants. The expression, of creditors in the statutes excludes all other interests. The action in this instance is in the name of the heirs at law or distributees, and not in that of creditors. We are therefore of opinion that the act in question has no application to the case at bar.

Judgment affirmed.