474 MORETON v. HARRISON.—1 BLAND.

there is some scope left on which to rest a presumption of satis-
faction.

The witness Benjamin Carr says, that about February, 1825,
" he had a conversation with the defendant Walter Harrison rela-
tive to the agreement, between him and Westeneys and Pattison
for the purchase of a tract of land called Hunt's Mount in Anne
Arundel County: that the defendant commenced the conversation
by informing him that Pattison and Moreton had laid down the land,
and that they were now contending for it; that the first payment
whichhe, Harrison, had made, was made in tobacco; after which pay-
ment there was a dispute took place between Pattison and Weste-
neys, each forbidding him, Harrison, from making any further
payment to the other; and Harrison said he afterwards deposited
the purchase money for said land in the bank." This testimony,
which has not been in the slightest degree impeached, does most
satisfactorily, when taken in connexion with all the circumstances
of this case, repel the presumption, and account for the delay.
Pow. Mort. 392. Payment was not urged because of the dispute
between those who were to receive; while that controversy con-
tinued, the defendant might have been very unsafe in paying to
either of them; and therefore it was to his advantage to wait until
they united in the demand or made it in this way by a suit, or in
such other form so as he could be assured the payment might be
safely made.

Whereupon it is decreed, that the defendant Walter Harrisou.
on or before the 26th of September next, pay or bring into this
Court to be paid to the said plaintiffs, Joseph Moreton, adminis-
trator de bonis non of John Westeneys, and to James I. Pattison,
administrator de bonis non of James Pattison, to each * one
503 an equal moiety of the sum of $4,641.21, with legal interest
on $1,501.20, part thereof, from this day until paid or brought in,
together with all the costs of this suit incurred by each of the
said complainants: and, that on the defendant's failing to pay or
bring into Court the said sum of money with interest and costs as
aforesaid, the property in the proceedings mentioned be sold for
payment thereof; that Augustus E. Addisou be and he is hereby
appointed the trustee, &c. &c.

In pursuance of this decree the land was sold, and the sale hav-
ing been finally ratified, on the 30th June, 1829, the proceeds were
paid to the plaintiff Moreton, to whom they were shewn to belong
exclusively, in consequence of the other plaintiff Pattison having
received satisfaction to an equal amount.