HOYE v. PENN. 39

the grantees of the said Charles Penn, sen'r. The nett sum dis-
tributed, he had first apportioned to the lands conveyed by the
deceased, and sold by the trustee, according to the sums raised by
the several parcels; and then distributed each portion, among the
surviving grantees of each parcel respectively; the deceased's
deeds having made them joint tenants thereof. This report was,
by an order of the 29th of January, 1823, confirmed, and the pro-
ceeds directed to be applied accordingly.

The trustee represented to the Chancellor, that Benny Penn, had
now assigned the whole of the land which he had purchased, to
Lyde Griffith, who was his surety in the bond, given to secure the
payment of the purchase money; that the land having sold for
more than the debt due, a portion of the surplus was to go to
Benny Penn, which sum Griffith wished not to be compelled to
pay to the trustee, or to bring into court. Whereupon the trustee
prayed the direction of the court.

24th April, 1823.—JOHNSON, Chancellor.—On examining the
assignment from Benny Penn to Lyde Griffith, dated the 7th July,
1820, I perceive, that Griffith is to pay the full purchase money and
interest due thereon, before the trustee is to execute a deed. By
the terms of the original decree, the trustee is restrained from giving
a deed until the whole purchase money is paid; and therefore,
without a special order to the contrary, must act accordingly.
Griffith may have not only purchased the land from Penn, but at
the time, it may have been agreed, that he was to have all the
interest Penn had in the estate; if so, and Penn, and himself will
join in an application, the sum due to Penn may, by an order, be
placed to the credit of Griffith; and a deed directed on the trustees
receiving the balance; otherwise, in the language of the assign-
ment, he must pay the full purchase money and interest*

After which, Benny Penn again moved to obtain further instruc-
tion as to the distribution of the proceeds and the amount to be
paid by Griffith, &c.

16th June, 1823.—JOHNSON, Chancellor.—Mr. Benny Penn will
present this to the trustee, who is willing that Mr. Griffith should
come to a settlement on payment of the purchase money, deducting
the amount, according to the statement of the auditor, that is due
to him. Let the trustee take Mr. Penn's receipt for the sum thus
appearing due to him, and that amount Mr. Griffith caa have
deducted from the purchase money. Roby Penn appears, by the