528 RIDGELY v. IGLEHART.—3 BLAND.

proper, have suffered it finally to go to rest in that manner. For,
although, in consequence of the late defendant's having been made
an actor by the decree to account, his trustee or legal representa-
tive, might, after his insolvency and death, have come in by bill
and had the suit revived; yet since it had, by operation of law and
by casualty, been brought to a final termination, the plaintiff was
certainly under no obligation to revive or renew the litigation.
He has, however, by his supplemental bill, in the nature of a bill
of revivor, brought this case again before the Court, and it now
stands in the situation of a bill, answer, and decree thereon for
a mutual account between partners in trade. And, therefore, the
bill can now only be dismissed in the same manner as after a simi-
lar decree between the original parties; that is, upon notice to the
opposite party by a rule further proceedings.

Whereupon it is ordered, that the defendant proceed in this case
on or before the fourth day of the next term, or the plaintiff may,
at any time thereafter, dismiss bis bill with costs. And it is further
ordered, that the register enter upon the docket, as at the instance
of the plaintiff, the rule further proceedings.

The rule was entered accordingly. After which, no further pro-
ceedings having been had by the defendant, the bill was on the 5th
of October, 1832, by order of the plaintiff's solicitor, dismissed.

540 *RIDGELY v. IGLEHART.

LIENS.—PURCHASE OF PROPEETY BY ONE HEIR UNDER STATUTE TO DIRECT

DESCENTS.

Lien in its proper sense is a right which the law gives; although it is usual
to speak of lien by contract.

Of liens given by the common law, by equity, by marine law, by statute,
and by contract.

The lien given by the Act to Direct Descents, repudiates every thing like
an equitable lien, and can only be enforced at common law as a statutory
lien incident to the bond with which it has been blended, (a)

Where, under the Act to Direct Descents, one of the heirs, under an order
of sale purchases the •whole, and gives bond with another heir as his
surety, the lien of such a bond is exclusive of the interests of such obli-
gors.

Where one heir sues upon such bond and obtains a judgment; and by virtue
of an execution thereon, has the land bound by such statutory lien taken
and sold, he thereby extinguishes his lien.

THIS bill was filed on the 30th of November, 1831, by Robert
Ridgely against Michael Iglehart. From which and its exhibits

(a) See Ridgely v. Iglehart. 6 G. & J. 49; R. R. Co. v. Trimble, 51 Md. 99.