If any debt of a person who died seized of lands escheated to the Commonwealth remain unpaid after all the personal estate of such person has been applied to the payment of his debts, the creditor may file his bill in equity, accompanied with an affidavit that the debt is bona fide due, to recover such debt in the circuit court to which the inquisition of escheat was returned and make the escheator defendant. If the court upon the evidence adduced shall be of opinion and decree that the debt or any part thereof is due, the amount decreed to be due shall be paid by the escheator, if so much of the proceeds of sale remain in his hands, or out of the state treasury, if so much of such proceeds shall have been paid into and still remain in the state treasury, or to the credit of the Literary Fund.
Code 1919, § 516.
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