LINGAN v. HENDERSON.

upon other persons. The plaintiffs derive their right to the thing
in controversy from James M. Lingan; they stand exactly in his
place, and can all of them together claim nothing more than what
might have been demanded by him. Any one of them may assign,
or release his or her own undivided right, so far as it extends, with-
out prejudice to the others; which transfer would, however, only
operate so as to substitute the assignee for the assignor; and con-
sequently this contract, as stated in the bill, is as entire and as
utterly indivisible, as these plaintiffs have succeeded to it, as it was
in the hands of James M. Lingan, the originally contracting party.
Then, on the other hand, the liability to which John Henderson
was subject, by this contract, has devolved upon these defendants
as his legal representatives. Considering it as a conveyance in
trust, his administratrix is liable for the rents and profits, as for so
much personalty, gathered by her intestate from the real estate
which had been so conveyed: and his heirs are liable; because
that real estate itself has, by operation of law, been cast upon
them. In the other alternative, considering this contract as a bar-
gain and sale, Henderson's administratrix is liable, as the holder of
his personal estate, for the purchase money as one of his debts, for
the payment of which, that part of his estate is primarily liable;
and his heirs are liable, because the real estate itself, encumbered
with an equitable lien for the payment of the purchase money, has
passed into their hands; and also because of any other real estate
of the intestate which may have descended to them, in case his
personal estate may be found insufficient to pay his debts. But, it
must be recollected, that the liability of each, and of all of these
defendants is only in respect, and to the extent of the assets which
may have come to their hands from the deceased contractor, who
they thus far and no farther represent. But to the amount, that
may be necessary to give to the plaintiffs complete and entire satis-
faction, all the estate of John Henderson deceased in the hands of
these defendants is liable, and no part of it can, by any act of any
one, or all of them together, be disengaged from that liability with-
out making to the plaintiffs a full and entire satisfaction. The
court may, in some cases, like this, so marshal the bearing of the
liability, provided it be attended with no delay or risk to the plain-
tifis, as to place its burthen equally upon every part, or upon that
portion of the estate by which it ought first to be borne; but as
every part of the estate of the deceased is liable for tibe whole claim
of the plaintiffs, no portion of it can be discharged until they have