RIDGELY v. IGLEHART.—3 BLAND. 529

it appears, that William Ridgely died intestate, seised in fee sim-
ple of certain parcels of lands which descended to the plaintiff, to
Isaac Ridgely, Reuben Ridgely, Amelia Ridgely, and Priscilla the
wife of the defendant, as his children and heirs-at-law. That on
a petition by two of them to Anne Arundel County Court, to have
those lands divided among them, a commission was issued under
the Act to Direct Descents; 1820, ch. 191; and the commissioners
having returned, that they would not admit of division, they were
ordered to be sold on a credit of twelve months; the whole contain-
ing one hundred and seventy-seven acres and three-quarters, was
sold accordingly on the 19th of February, 1824, to Reuben Ridgely,
one of the heirs, tor $8.26 per acre, amounting to $1,468.21; for
which he gave bond, with Amelia Ridgely, another of the heirs, as
his surety, to the State, with a condition, that he should, on the
19th of February, then next, pay to the respective heirs of William
Ridgely, deceased, namely, Robert Ridgely, Amelia Ridgely, Isaac
Ridgely, and Ethelbert Iglehart, only child and heir of Priscilla,
their executors, administrators or assigns, their equal and just
proportions of the amount of the sale of the real estate of the
aforesaid William Ridgely, sold under the order of Anne Arundel
County Court, with interest thereon from the 19th of February,
1824. That afterwards a suit was instituted on this bond in Anne
Arundel County Court for the use of Ethelbert Iglehart, by Michael
Iglehart his next friend, against Reuben Ridgely; and on the 18th
of April, 1827, a judgment was recovered for $2,936, to be released
on the payment of $293.64, with interest thereon from the
*19th of February, 1824, and costs. Upon which judgment 541
execution was issued and levied upon the lands which had so
descended; and, at the sale by the sheriff, this defendant became
the purchaser of the whole for the sum of $288.55; and the sheriff
executed a deed to him accordingly, which has been duly recorded.
That no part of the share of this plaintiff in the purchase money
arising from the sale of the lands as descended, has been paid by
Reuben Ridgely, or by any person claiming from or through him,
to this plaintiff; and that this part of that purchase money, with
the interest thereon, remains wholly due and unsatisfied. That this
plaintiff is advised, that he has an equitable lien on all the real
estate descended, to secure the payment of his proportionable part
of the purchase money, into whosoever hands the same may have
come. Whereupon he prayed, that the defendant Michael Iglehart
might be decreed to pay to the plaintiff his proportion of the pur-
chase money by a fixed day, or that, in case of his failure to do so,
the land might be sold to pay what was due to this plaintiff, and
for such other relief, &c.

Whereupon a subpoena having been issued and returned seined,
the defendant appeared and put in the following demurrer:

34 3B.