IGLEHART v. ARMIGEE.—1 BLAND. 489

Iglehart, as trustee under a decree of this Court, and purchased
by the defendant Armiger, resold for the payment of the balance
of the purchase money; on the ground, that the equitable lien of
the vendor still subsisted in full force and unimpaired. The bill
stated, that the bonds, taken by the trustee Iglehart to secure the
payment of the purchase money, had been assigned, and were
then held by the plaintiff McParlan. as the assignee thereof; and,
that the defendants Selby and Watkins had agreed to guaranty
their payment. Whereupon the plaintiffs prayed, that the land
might be sold for the payment of the balance of the purchase
money which had been secured by those bonds, and for general
relief.

The defendants, Selby and "Watkins, by their answer, admitted
the facts as stated in the bill; but insisted, that a decree should
pass, in the first instance, lor the sale of the land; because they
were, by their guaranty, only responsible upon an eventual defi-
ciency of the land and the persons bound before them.

None of the other defendants having appeared, as required by
the subpoena which had been served on them, an interlocutory
decree was, on the11th of December, 1828, passed against them,
and a commission issued, under which testimony was taken and
returned. Upon which the case was submitted.

BLAND, C., 10th January, 1829.—This case standing ready for
hearing, and having been submitted on the notes of the plaintiff's
solicitor, the proceedings were read and considered.

The circumstances and facts are these. Joseph Selby died in-
testate, seized of a certain tract of land which descended to his
* children. One of whom, Jemima, with her husband John
Cross, and others, filed a bill in this Court, alleging, that 520
the estate, which had so descended to them, would not admit of
partition without loss; and therefore prayed, that it might be sold
and the proceeds divided among them. It was decreed accord-
ingly, on the 12th of December, 1816; and Thomas Sellman was
appointed trustee to make the sale. In pursuance of which
authority he reported, that he had sold the property to John
Cross, who had given bond as required for the purchase money:
and, on the 29th January, 1817, an order was passed to confirm
the sale unless cause shewn. On the 8th of March following John
Cross, the purchaser, died intestate, and without having paid the
purchase money, leaving three minor children, his heirs, to whom
the real estate so purchased descended.

The minor heirs of Cross, by their next friend, petitioned the
Legislature for a special Act, authorizing the sale of the interest
so purchased by their father, in order to save the fee simple estate
Munich had descended to them, and also the personal property,
agricultural implements, &c., which were necessary for their sup-