224 LINGAN ?. HENDERSON.—1 BLAND.

failure of the defendants to pay the purchase money, the land should
be sold, (m)

This bill was filed on the 29th of November, 1821, by Janet
Lingan, William B. Randolph and Sarah his wife, George Liugan,
and Elias B. Caldwell and Anne his wife, against Richard Hen-
derson, Sarah Henderson, Janet L. Henderson, and David Eng-
lish and Lydia his wife.

The bill states, that James M. Lingan, in May, 1807, by deed,
duly recorded, conveyed to John Hendersou, his brother-in-law, a
* parcel of land lying in Montgomery County, being about
237 four hundred and twenty acres; that some time after John
Henderson executed and delivered to James M. Lingan a written
paper, which is in these words "Received of James M. Lingan a
deed for four hundred and twenty acres of land lying in Mont-
gomery County, which is to be accounted for by me, John Hen-
derson—June 10th, 1807." Which paper, as the complainants are
advised, is an acknowledgment that no purchase money was paid
at the time for the land, and that it was an engagement to pay
the purchase money for the same if there was a sale, or if not, to
re-convey it. The bill further states, that the plaintiffs have
reason to believe, that a sale was made, that the price to be paid
for the land was about thirteen dollars thirty-three and a third
cents per acre, without interest till the expiration of twelve months
after the day of sale; but of this, or of the terms of the contract,
if any, the plaintiffs have not been able to discover any positive
proof; but that if there was no sale, there could be no considera-
tion for the deed, and the bargainee held the same in trust and
for the use of the bargainer and his heirs. That James M. Lin-
gan and John Henderson lived several years after the deed was
executed, and Hendert-on retained the possession and took the
profits of the land; and the plaintiffs believe it will be in their
power to prove, that Henderson acknowledged, several years alter
the execution of the deed, that he had not paid for the land; that
he was not able to pay for it: and insisted, that James M. Lingan
was, by the contract, to take it back in case he, Heuderson, was
unable to pay for it. The bill further states, that some years
afterwards John Heuderson departed this life intestate, without
having paid any part of the purchase money for the land; that

(m) This decree was reversed by the Court of Appeals, at June Term, 1830,
no opinion being filed. In McCormick v. Gibson, 3 G. & J. 19, the Court said
that the bill in the case in the text "presented no case warranting relief but
by a decree for the reconveyance of the land by the heirs of Henderson; or
payment of the purchase money by the administratrix. To neither of which
remedies did the complainants show themselves entitled upon the proof.
The Court of Appeals, therefore, could not have done otherwise than as they
did, reverse the decree and dismiss the bill."