LINGAN v. HENBERSON.

parcel of land lying in Montgomery county, being about four
hundred and twenty acres; that some time after John Henderson
executed and delivered to James M, Lingan a written paper, which
is in these words: " Received of James M. Lingan a deed for
four hundred and twenty acres of land lying in Montgomery county,
which is to be accounted for by me, John Henderson—June 10th,
1807." Which paper, as the complainants are advised, is an
acknowledgment that no purchase money was paid at the time for
the land, and that it was an engagement to pay the purchase money
for the same if there was a sale, or if not, to re-convey it. The
bill further states, that the plaintiffs have reason to believe, that a
sale was made, that the price to be paid for the land was about
thirteen dollars thirty-three and a third cents per acre, without
interest till the expiration of twelve months after the day of sale;
but of this, or of the terms of the contract, if any, the plaintifls
have not been able to discover any positive proof; but that if there
was no sale, there could be no consideration for the deed, and the
bargainee held the same in trust and for the use of the bargainor
and his heirs. That James M. Lingan and John Henderson lived
several years after the deed was executed, and Henderson retained the
possession and took the profits of the land; and the plaintiffs believe
it will be in their power to prove, that Henderson acknowledged,
several years after the execution of the deed, that he had not paid
for the land; that he was not able to pay for it; and insisted, that
James M. Lingan was, by the contract, to take it back in case he,
Hendersony was unable to pay for it. The bill further states, that
some years afterwards John Henderson departed this life intestate,
without having paid any part of the purchase money for the land;
that administration upon his estate had been granted to his widow,
the defendant Lydia, who has since intermarried with the defendant
David; that the administratrix has possessed herself of the personal
assets of the estate, sufficient to pay all just debts against it; and
that John Henderson left three infant children, the defendants
Richard Henderson, Sarah Henderson, and Janet Lingan Henderson,
who are his heirs at law. That James M. Lingan is dead intestate,
leaving the plaintiff Janet his widow, to whom administration upon
his estate had been granted, and three children, the plaintiffe Sarah,
George, and Anne. And that the administratrix of John Henderson
disputes the claim of the representatives of said Lingan against
Henderson's personal estate; and, his children being infants, no
adjustment can be had with them.