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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 496   View pdf image (33K)
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490 HIGH COURT OF CHANCERY.
with notice, are treated as in the same predicament. 2 Story's
Eq., see. 1217, 1218, 1219. And where the vendee has sold
the estate to a bona fide purchaser without notice, if the pur-
chase-money has not been paid, the original vendor may pro-
ceed against the estate for his lien, or against the purchase-
money, in the hands of such purchaser, for satisfaction; for in
such a case the latter, not having paid the purchase-money,
takes the land cum onere. 2 Story's Eq; sec. 1232.
The judgment in favor of Key gave him no estate in the land,
but simply a lien on it for the payment of the debt, and such
lien, being a general one, could not affect or impair in any way
the equitable lien of the vendor for the unpaid purchase-money.
Sampson vs. Edelen, 2 H. & J., 64; Repp et al. vs. Repp et al;
12 G. &. J., 341. I do not, therefore, think that the defen-
dant, Valentine Bryan, can protect himself under his purchase
at the sheriff's sale upon the execution of Key's judgment.
But although I am of opinion that the complainant is entitled
to relief, the case is not now in a condition for a final decree.
The bill claims that the annuity stipulated to be paid by
Hobbs is in arrear and unpaid, but there is nothing in the
record to show how much is in arrear, nor is there any satis-
factory evidence of the value of the privileges mentioned in the
contract. These privileges are not claimed by the bill in the
specific prayer for relief, but the contract by which they were
secured to the complainant, is filed as an exhibit, and proved
by the evidence, and there being no exception to the sufficiency
of the averments of the bill, I am of opinion that under the
general prayer, relief may be afforded in respect of them.
I shall, therefore, send the case to the Auditor, with direc-
tions to take an account of the amount due for the purchase-
money and the annuity, being the interest thereon, and also
the value of the privileges specified in the agreement, to the
end that such a decree may be hereafter passed, as the justice
of the case requires.
McLEAN and OTHO SCOTT, for Complainants.
WM. A. SPENCER, for Respondents.

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 496   View pdf image (33K)
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