468 HIGH COURT OF CHANCERY.

dead, it was, by bill of revivor and supplement, against his heirs
and his personal representative Mackall Harris—Kent not be-
ing made a party—converted into a creditor's suit.

Alexander Harris died in 1847, and in September term, 1848,
Mackall Harris, his acting executor, filed his bill against the
heirs at law of the deceased, for a settlement of the estate of
the deceased, and also for a sale of his real estate to pay his.
debts, in case the personalty should prove insufficient for that
purpose. This last case, by an agreement to which Kent was
not a party, was consolidated.with the case of Boyd and Hance
against Harris and others; and, on the 9th of January, 1849, a
decree was passed, in both cases consolidated, for a sale of the
real estate of said Harris, deceased, to pay his debts.

It further appeared from the papers in the case of Alexander
Harris and others, against James Kent, administrator d. b. n.
of Levin W. Ballard, deceased, which were agreed to be read
at the hearing of this case, that previous to the death of said
Harris, to wit, in the year 1841, Kent recovered judgment on
the bonds given as above mentioned by Harris to Ballard to se-
cure the payment of the purchase money due by him, and also
on a promissory note alleged to have been given also by Harris,
for the same purpose, but which, he contended, was given to
take up one of said bonds, although in consequence of Bal-
lard's death the bond was never delivered to him. That, in
1845, Harris filed his bill in the equity side of Calvert County
Court, in which those judgments were rendered, praying and
obtaining upon the grounds therein stated, an injunction to stay
execution upon those judgments; which injunction, the case
being transferred to this court, was, in October, 1848, dissolved
as to all of the judgments, except the one rendered upon the
promissory note. Kent, thereupon, proceeded to sell a portion
of the land of said Harris, to satisfy said judgments., and
through his agent became a purchaser thereof himself, at a
price greatly below its value.

On the second of November, 1849, Merrill and others, judg-
ment creditors of Alexander Harris, deceased, filed their peti-
tion in this court, praying that the sales to Kent might be an-