60 HIGH COURT OF CHANCERY.

to secure the payment of which the deceased pledged his crops
then on hand, and the growing crops of the year 1847, and died
in January, 1848. Large advances were made by the complain-
ants on the faith of this arrangement, to cover which, the pro-
duce received by them at the time of his death was greatly in-
sufficient, leaving due $2782. The defendant took out letters
testamentary, and possessed himself of the corn and tobacco
crops of the year 1847, which were still on< hand. The com-
plainants contended, that, by virtue of this contract, they were
entitled to a lien on the crops then in the hands of the defend-
ant, as well as on the wheat crop sown in the fall of the year
1847. The evidence of the contract consisted principally of
letters written by the deceased to the complainants, in the latter
part of the year 1847, wherein he pledged himself to indemnify
the latter for their advances and liabilities made and incurred
for him, by forwarding to them his growing crops of that year,
which they were to sell, and retain out of the proceeds sufficient
to satisfy the debt due to them. The whole claim was resisted
on the ground that the complainants were in no better condition
as to the crops than other creditors of the deceased, and it was
insisted that in no event could it include the wheat crop seeded
in the year 1847, as the only crops, the growth of that year
which had come into the defendant's hands, were the corn and
tobacco. It was also urged, that the lien of the complainants,
if they had any, should be subject to the expenses incurred in
getting the crops to market. It was stated, however, in the
course of the argument by the solicitors, that on the principles
of law applicable to the case being settled by the court, there
would be no difficulty in adjusting the terms of the decree by
agreement.

The Chancellor thought, that the facts of the case showed a
positive engagement on the part of the deceased to send to the
complainants, for the purpose of covering their advances to him
his crops of wheat, tobacco and corn, which would be market-
able in the year 1847, as well as the wheat crop seeded in that
year. And as to the question whether the complainants had a
standing in court to enforce a specific execution of the agree-
ment, he said :]