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BINGGOLD VS. BRYAN. 489 such a case, not having paid the purchase-money, he takes the land: cum onere. A judgment against the vendee gives to the judgment-creditor no estate in the land, but simply a. lien upon it for the payment of his debt; and such lien being a general one, cannot affect or impair in any way the equitable lien of the vendor. [The complainant, Mary Ringgold, and her husband Wil- liam Ringgold, sold to the defendant William A. G. Hobbs, a tract of land and premises under the following contract, signed and sealed by the purchaser, and referred to in this cause as Exhibit B. " I have purchased of William Ringgold and Mary Ring- gold, his wife, the farm called Sportsmen's Hall, which was devised to the said Mary by her father, John Blake; and am to pay $8 an acre "for said land, after deducting such parts thereof as have been heretofore sold. The whole purchase- money is to be paid by me equally among the children of the said Mary Ringgold, immediately after her decease, and upon their arrival at legal age: and in the case of the death of either, or any of said children without legal issue, then the portion of such deceased child to be equally divided among the survivors; and I am to reserve to myself a child's part of such purchase-money in right of my wife. The said purchase-money is not to bear interest during the life of the said Mary Ring- gold; but I am to apply annually, during her life, a sum equi- valent to such interest to such purposes as I may think most useful to her and her family. I am also to reserve for her use during her life the dwelling-house, kitchen, meat-house, poul- try-house, and garden on said farm, with the privilege of get- ting firewood, of pasturing four head of cattle, and of raising any kind of poultry except turkeys. And if the said William Ringgold should survive his said wife, then I am to retain in my hands $1,000 of said purchase-money during his life, the interest of which is to be applied by me in such manner as I may think most to his advantage, the said sum to be distri- buted, as above-mentioned, after his death. And if I should refuse or neglect to secure to the said Mary Ringgold the an- |
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 3, Page 489 View pdf image (33K) |
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