486 ESTEP v. WATKINS,

ESTEP v. WATKINS. _

A purchased of B a tract of land, the legal title to be conveyed when the purchase
money was paid; for which he gave Ms bond: after which B died, and his widow
had her dower in the land. Held, that A was entitled to a deduction from his bond
to the amount of the value of the widow's dower.

When a case is set down for final hearing on bill and answer, without replication, all
the facts set forth in the answer are taken to be true.

Every decree stands for what it purports to be until regularly revised or reversed.

The case, as set forth in the bill, must, at the final hearing, appear to be such an one
as falls within the jurisdiction of a court of chancery.

The assignee of a bond takes it subject to all equities, whether he has notice of them
or not.

This bill was filed on the 21st of December 1827, by Rezin Estep,
against Rachel H. Watkins, Benjamin Watkins, and John Clay tor.

It is stated in the bill, that Charles D. Hodges, being seized of
certain parcels of land, by his bond with a collateral condition,
contracted, in consideration of the sum of $3,000 to convey them
to this plaintiff, who to secure the payment of that amount as the
purchase money, gave his bond to Hodges, who assigned it to
Benjamin Hodges, who assigned it to Nicholas Watkins of Thomas,
to whom this plaintiff made assignments of sundry bonds and notes
which he Watkins received as payment of this plaintiff's bond;
that afterwards Charles D. Hodges died intestate, leaving a widow
Elizabeth who was entitled to dower in the lands, and six children.
Elizabeth the wife of John Randall, Mary Jinn, Lucinda, Margaret,
Ellen, and Charles, his heirs at law; that the widow married this
defendant Claytor; that this plaintiff on the 15th of February 1815,
filed his bill in this court against this widow with her husband
Claytor, and these heirs, with Benjamin Hodges and Nicholas
Watkins of Thomas, to obtain a title to the lands he had so pur-
chased, which bill the defendants thereto answered; and the case
having been submitted, it was on the 22d of May 1815 decreed,
that this plaintiff should pay two-thirteenth parts of three thousand
dollars to John Claytor and Elizabeth his wife in lieu of her dower
in those lands; and, on the payment, by this plaintiff, to Nicholas
Watkins of Thomas, of the balance appearing to be due on this
plaintiff's bond, after deducting the two-thirteenth parts allowed in
lieu of dower, that the heirs of the late Charles D. Hodges should
convey the lands to this plaintiff; that Nicholas Watkins brought
suit, in the name of the administrator of the late Charles D. Hodges,