62 HIGH COURT OF CHANCERY.

It is to be borne in mind, also, that this is not a contest be-
tween these complainants, and the creditors of Mr. Bowie, but
between them and his personal representative, and looking to
the answers, it is reasonable to conclude, that whatever the re-
sult of this cause may be, the creditors cannot be prejudiced,
the answer expressing the belief, that the assets real and per-
sonal will be sufficient to pay the claims of all the creditors—
at al] events, as it does not appear that the estate of Bowie
is insufficient to pay his debts, the rights of his creditors are
not supposed to be involved. Woods et al. vs. Fulton and
Starck, 4 H. & J., 329.

The question then is, will not the court as between these par-
ties, specifically execute this contract ?

In the case of Alexander vs. Ghiselin, decided by the Court
of Appeals in December last, it was said, that "it would be novel
doctrine in Maryland, to assert that the Chancery Court cannot
specifically execute a contract for a mortgage or other equitable
lien, against creditors"—and surely if it would be novel and un-
tenable so to maintain as against creditors, how much more
singular and untenable would it be to assert, that the court can-
not do the same thing, as against the party himself, who made
the contract!

Even where such contracts rest in parol, cases are not want-
ing in which the courts, with regard to personal property, have
decreed their execution. A number of such cases are referred
to in the opinion delivered by the Court of Appeals in the case
already mentioned.

The case of McMeche.n vs. Maggs, 4 H. & J., 432, shows the
great extent to which the courts will go, to enforce these parol
agreements for mortgages of personal property, even as against
subsequent encumbrancers, and this case is cited with appro-
bation in Alexander vs. Ghiselin. But it is said, that here is
no contract for a mortgage, or other equitable lien, on this prop-
erty; it being, as insisted by the defendant's counsel, no more
than the usual engagement between principal and factor, for
advances by the latter on property to be consigned him for sale
by the former.