510 MULLIKIN v. MULLIKIN.—1 BLAND.

valuable consideration without notice. Whereupon he prayed,
that the shares of the intestate's estate so assigned to him might
be directed to be paid to him accordingly. These three several
deeds of assignment were each of them acknowledged and recorded
as required by law; and were besides proved to have been executed
by the grantors. It appears, that Basil D. Mullikin applied for
the benefit of the insolvent laws on the 30th of May, 1825; that
Regnal Mullikin applied for the benefit of the insolvent laws on
the 18th of May, 1827; and that Baruch Mullikin made a similar
application on the 8th of May, 1828; but it is admitted that Ben-
jamin H. Mullikin never made any such application. Whereupon
it was ordered, that the matter stand for hearing provided a copy
be served, &c. After which it was brought before the Court, and
the solicitors of the parties were fully heard.

BLAND, C., 4th March, 1829.—There is no principle of equity or
justice upon which Basil D. Mullikiu, Baruch Mullikin, Regnal
Mullikin, Benjamin H. Mullikin. or Nicholas Woodward, or any
one claiming under them, or any or either of them, by virtue of
any assignment or transfer made since the institution of this suit,
can be allowed to receive any thing from this Court until they have
paid or brought in all sums of money for which * they are
543 liable as principals or sureties, or until all the other heirs of
the intestate have been fully satisfied and paid from the proceeds
of the sale of the intestate's estate now in the hands of the Court,
or under its control for the purpose of distribution.

Whereupon it is ordered, that this case be and the same is hereby
referred to the auditor with directions to state an account accord-
ingly, distributing the proceeds of the sale of the intestate's estate
now remaining under the control of the Court; first among the
heirs of the intestate who have not been paid, or in ,so far as they
have not been satisfied; and the balance if any to the petitioner
Daniel Kent, as the assignee of Basil D, Mullikiu, Baruch Mulli-
kiu and Eegnal Mullikin; andto Benjamin H. Mullikin and Nicholas
Woodward: provided it shall appear, that they have each of them
paid or brought into Court all sums of money, being portions of
the said intestate's estate which they or either of them as trustee,
purchaser or surety ought to have paid or brought into Court, or
for which they or either of them is liable because of its not having
been so brought in or paid. But as there has been an appeal from
the decree of the 25th of June, 1828, directing the land purchased
by Anderson to be sold for the payment of the purchase money
due from him, the disposition of that amount must be suspended
until that appeal has been finally determined; and consequently
so much of this case as is affected by that appeal cannot be em-
braced in the statements contemplated by this order.