506 MULLIKIN v. MULLIKIN.—1 BLAND.

A distributee can be allowed nothing until all sums for which he is liable as
principal or surety have been paid; and his assignee takes subject to all
equities to which he is liable.

On a purchaser failing to pay the purchase money, the land may be resold
at his risk under the Court's equitable lien. (5)

This biil was filed on the 4th of December, 1812, by Benjamin
H. Mullikin, Richard D. Mullikin, Basil D. Mullikin, Jacob F.
Waters, Basil Duckett and Sophia his wife, Margaret Mullikin,
Ann Mullikin, and Kitty Mullikin, against Regnal Mnllikin. Baruch
Mullikin, John Waters, Ann Maria Waters, and Rachel Waters,
all of whom were minors. The bill states, that Belt Mullikin had
died intestate seized of a large real estate which had descended
to his children the plaintiffs Benjamin, Richard, Basil D. Mullikin,
Sophia, Margaret, Ann, and Kitty, who were of full age, and to
his children the infant defendants Regnal and Baruch; and to his
grandchildren, the infant defendants, John, Ann Maria, and
Rachel, who were the children of the intestate's late daughter
Martha H. Waters who had been the wife of the plaintiff Jacob
F. Waters; that it would be for the benefit of all the representa-
tives of the intestate to have the land sold, in order to make divi-
sion of the proceeds thereof; but that a sale could not be effected
without the interposition of this Court. Whereupon the plaintiff's
prayed, that a sale might be made; and that they might have such
other relief as the nature of their case might require.

The defendants Regnal and Baruch having attained their full
age, since the filing of the bill, put in their answer on the 6th of
January, 1817, and consented to a sale as prayed. And the other
defendants, who were still under age, answered by guardian and
admitted, that a sale should be made as prayed.

Upon which on the 8th of January, 1817, a decree was passed in
the usual form, appointing Jonathan Meredith trustee to make the
sale; who, with his own consent, was on the 10th of March follow-
ing removed, and Basil D. Mullikin appointed in his stead. After
which this trustee, having given bond with Baruch Mullikin and
Regnal Mullikiu as his sureties, on the 4th of April, 1821, filed his
report, in which he states, that he had on the 5th of * De-
539 ceinber, 1817, sold a part of the estate to Benjamin H. Mul-
likin for the sum of 15,163.75; that on the 19th of October, 1819,
he had sold the residue of the estate to Edward E. Anderson, for
the sum of $3,000; that he had received a payment of $1,798.71
from the purchaser Benjamin H. Mullikin, and held his notes for
the balance; and that he had received in payment from the pur-
chaser Anderson the sum of 1,060; and held his notes for the bal-
ance. These reported sales were finally ratified on the 14th of

(b) See Anderson v. Foulke, 2 H. & G. 346; Richardson v. Jones, 3 G. & J.
164.