|
504 ETCHISON «. DORSET.—1 BLAND.
Richard Dorsey, Nelson Norris and Eliza his wife, John Dorsey,
Caleb Dorsey, and John Hood and Louisa his wife, against Mary
* Dorsey, Achsah Dorsey, Hanson Dorsey, Henry Dorsey,
536 and Septimus Dorse;-, all of whom were infants. The bill
states, that Richard Dorsey sold to the plaintiff Etchison a tract
of land containing ninety acres, delivered to him the possession,
and received a part of the purchase money, leaving a balance
of three hundred dollars still due; after which Richard Dorsey
the vendor died intestate, leaving the plaintiffs Caroline, Mor-
timer, Richard, Eiiza, John, Caleb, and Louisa, with the infant
defendants, his children and heirs-at-law; that the plaintiff Morti-
mer had been appointed administrator of the personal estate of
his father the late Richard, Whereupon the plaintiffs prayed,
that the defendants might be required to join in a conveyance of
the land sold on the purchase money being paid, &c. The infant
defendants answered by guardian and submitted to such decree as
might be deemed equitable, &c.
BLAMD, C., 15th October, 1827.—Decreed, that on payment by
the complainant Ephraim Etchison of the sum of three hundred
dollars with the interest due thereon to Mortimer Dorsey adminis-
trator of Richard Dorsey deceased, or on bringing the same into
this Court to be paid to him, being the balance of the purchase
money due as stated in the bill; that the other plaintiffs Odle
Wheeler, &c., for themselves, and that Ann Dorsey, as guardian
on behalf of the infant defendants, shall by a good deed to be
executed according to law, convey to the plaintiff Ephraim Etchi-
son, &c. Provided nevertheless, that liberty be and the same is
hereby reserved to the infant defendants to shew cause according
to the Act of 1773, ch. 7.
After which the plaintiff Mortimer Dorsey by his petition al-
leged, that the plaintiff Etchison had refused to pay the balance
of the purchase money as required by this decree; although the
other parties then were and had always been ready to execute the
conveyance as directed. Whereupon he prayed, that Etchison
might be ordered to pay, &c.
BLAND, C., 19th February, 1829.—The aforegoing petition of
Mortimer Dorsey having been submitted, the same, with the other
proceedings, were read and considered.
On a bill for specific performance, where it appeared by the case
admitted or established, that each party was bound to pay money
or to perform some act for the benefit of the other, the Court, by
the ancient practice, could only decree in favor of the plaintiff,
leaving the defendant to obtain that to which he was entitled by a
|
 |