LINGAN v. HENDERSON.

perfectly evident, that the statute of limitations, in no form in which
it could have been relied on as a defence, could operate as a bar to
the equitable lien by which this land was bound to the plaintiffs for
the payment of the purchase money. And it being entirely clear,
from the pleadings and proofs, that the purchase money agreed to
be paid by the late John Render son , for the four hundfed and twenty
acres of land he purchased of the late James M. Lingan, never
has been paid by any one; and that the vendor's lien for its security
never has been abandoned, or in any way extinguished, the plain-
tiffs must be relieved, under their general prayer, in the most
advantageous and effectual manner authorized by the nature of
their case.

Whereupon it is Decreed, that the bill of complaint as against
the absent defendants, who have not answered, be taken pro con-
fesso. Decreed, that the statement of the auditor be confirmed;
and that the defendants, on or before the 8th of June next, pay or
bring into this £ourt, to be paid unto the said Janet Lingan, as
administratrix of James M. Lingan, the sum of $11,924 14, with legal
interest on $5573 33, part thereof, from the fifth day of the present
month until paid or brought in. And Decreed, that upon the failure
of the said defendants to pay or bring into court the said sum of
money as aforesaid, that then the said land and property in the
proceedings mentioned, be sold for the payment of the same; that
Louis Gassaway be and he is hereby appointed trustee to make the
said sale, &c. &c., in the usual form.

The defendants appealed from this decree, and at June term,
1830, the Court of Appeals reversed the decree, and dismissed the
bill of the complainants with costs, but filed no opinion. In the
case of McCormick v. Gibson, 3 Gill & Joh. 18, the Court of
Appeals have, however, concisely stated their views of this case.