390 HIGH COURT OF CHANCERY.

when the right of minors are involved, suing by their next
friend.

Being satisfied that a contract for the sale of the land was
made between the parties, either in writing or by parol, and
that a part of the purchase money was paid, and possession of
the premises held by the vendee under the the purchase, and
that, therefore, the merits of the case are with the complainants,
it is the duty of the court to interpose for their protection, un-
less some clear legal principle forbids it.

The case, as has been already remarked, is free from the ob-
jection founded upon the statute of frauds, and, I do not think,
the technical objection, having reference to the frame of the
bill, can so far prevail, at least at this stage of the cause, as to
induce the court to dissolve the injunction.

It is very clear, I think, that the heirs at law of Simpers, the
vendee, can be in no way prejudiced by the agreement between
his widow and this vendor, that she would become his tenant
for a part of the premises. The relation of landlord and tenant
as between them, can, therefore, have no effect upon the title
of the heirs to the aid of this court.

But it is said that the interposition of this court by injunction
is rendered unnecessary, and, therefore, improper, by the pro-
visions of the act of 1793, chap. 43, under which the proceed-
ing was instituted. That the complainants may obtain ample
redress, if they are entitled to retain possession of the premises,
by pursuing the course pointed out by the legislature, without
invoking the extraordinary powers of a court of equity.

Upon reference to the act of assembly, however, I am per-
suaded it will be found that these complainants, the heirs at law
of Simpers, are not in a condition to avail themselves of its pro-
visions. The proviso to the act is, "that if the said tenant in
possession shall allege, that the title to the said lands," &c.,
"is disputed or claimed by some other person or persons whom
he shall name, in virtue of a right or title accrued or happening
since the commencement of said lease, by descent, deed," &c.,
"and if, thereupon, the person so claiming shall appear, or upon
a summons," &c., "shall appear before the said justices, and