BOYD AND HANCE VS. HARRIS. 467
is the only case in which the sheriff's possession has been disturbed, unless
upon some grounds affecting the validity of the judgment, or the regularity
of the process, by virtue of which the seizure was made.
A petition was filed, asking that a sale made by the sheriff under the execu-
tions upon the judgments above mentioned, should be vacated, and the prop-
erty resold by a trustee appointed under a decree in a creditor's suit, to
to which the judgment creditor was not a party. But the court refused to
grant the relief asked for, and said, that it was neither warranted by authority,
nor by any established principles of law or equity.
A court of equity, will, under special circumstances, and when the estate is in
danger of being sacrificed in consequence of clouds upon the title, or conflict
and confusion growing out of the number and character of the liens and in-
cumbrancea upon it, interpose, and keeping rival creditors off, sell the prop-
erty for the general benefit of all.
[Sometime in the year 18—, Basil Jefferaon, of Calvert
County, since deceased, purchased certain land in that county,
of one Tubman K. Long, and died before it was entirely paid
for, leaving a daughter, Ann Jefferson, (who afterwards inter-
married with- the complainant Boyd, and died without issue,)
his heiress at law. Levin W. Ballard was appointed his ad-
ministrator, and afterwards, with the consent of said Ann, and
in order to save the personalty, he sold the land purchased of
Long, to Alexander Harris: who, to secure the payment of the
purchase money in installments, gave Ballard his bonds payable
at'the times therein specified. The personal estate was then
handed over to Ann Jefferson, and Ballard, on the faith of said
securities given him by Harris, proceeded to pay a large por-
tion of the balance of the purchase money due by his intestate,
Jefferson, and afterwards departed this life; whereupon the
other complainant, Richard Hance, was appointed administra-
tor de bonis non, of Basil Jefferson, and Robert W. Kent was
appointed administrator, and James Kent, (on the death of
Robert,) administrator de bonis non of said Ballard.
Th& original object of this suit, which was instituted by
Boyd and Hance, (the former as heir of his deceased wife, and
the latter as adm. d. b. n. of Basil Jefferson,) against Alexan-
der Harris and others, was to compel the execution of his
contract of purchase by Harris, and a proper application of the
purchase money due by him; but in 1849, Harris being then
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