RIDGELY v. IGLEHART.—3 BLAND. 537

lien extends no further than as a security for three out of five
shares of the purchase money for which the land sold.

It appears, that Ethelbert Iglehart. another of the five heirs,
brought suit upon this bond; and, on obtaining judgment, sued
out a fieri facias which has levied on this land, and the whole of
it sold by the sheriff to this defendant. This sale must have passed
all the interest of Reuben Ridgely, whose property was ordered
by the fieri facias, to be taken and sold to satisfy the debt due by
him to Ethelbert Iglehart, for whose use the suit upon the bond
was instituted; and that equitable interest of Reuben Ridgely, as
has been shewn, amounted to two-fifths of the whole. But as
Ethelbert Iglehart caused his execution to be levied upon the very
same land which was bound by the bond lien as a security for the
payment of his one-fifth of the purchase money, and caused the
whole to be sold, he has so obtained satisfaction to the full extent
of that lien, and thereby virtually extinguished it in favor of this
defendant, the purchaser at the sheriff's sale. Jacobs v. Latour
15 Com. Law Rep. 388.

*In the case of a recognizance, if the conusee purchases,
or accepts a grant of the land bound by his recognizance, 550
he thereby discharges his lien; Bac. Abr. tit. Execution, B. 5; so
here, this heir, by taking in execution and having sold the land
bound to him thereby discharged his hen; since it would be against
all law and equity to suffer him to retain his lien, so as in any
manner thereby to obtain a satisfaction for what, as in this in-
stance, might remain unpaid, from the very same fund; and that
too, to the prejudice of third persons. But, as in the case of a
statute merchant which, because of its being sealed by the conusor
himself, may be treated as a mere personal obligation by the conu-
see, who may waive all benefit of the lien connected with it; Bac.
Abr. fit. Execution, E. 2; so here, although this bond lieu, to the
extent of the interest of Ethelbert Iglehart, has been exhausted
and extinguished by the levy and sale under his execution; yet
that cannot prevent him from pursuing his remedies upon the per-
sonal obligation against the obligors until he has obtained full
satisfaction.

I am therefore of opinion, that this defendant has obtained, by
his purchase from the sheriff, an interest to the extent of three-
fifths of the whole of the estate, unencumbered by any lieu what-
ever in favor of the three heirs whose interests were covered by
the execution in the manner described.

But as regards the interests of this plaintiff, it is evident, that
no act which has been or could be done by his co-heir Ethelbert
Iglehart, by the institution of a suit upon the bond, or by causing
the land to be sold under execution or otherwise, can be permitted,
in any respect, to prejudice the rights, or to impair the obligation
and lien belonging to this plaintiff. His remedies or forms of pro-