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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 491   View pdf image (33K)
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MORETON v. HARRISON. 491

MORETON v. HARRISON.

A defendant may, at the same time, plead several distinct pleas in bar, in equity as
well as at law.

If a defendant pleads the statute of limitations, and there be any allegations in the
bill of partial payments, &c.; which, if true, would take the case out of the statute,
the defendant must, by an answer in support of his plea, deny such allegations.

A plea may, without replication, be set down to obtain the judgment of the court as
to its formality and sufficiency.

The vendor's lien, to secure the payment of the purchase money, is an incident of
every contract for the sale of real estate; unless such lien be waived or relinquish-
ed.—A vendor's lien can only be barred by a lapse of twenty years.—An admission
by the vendee, within the twenty years, that the purchase money has not been paid,
sustains and continues the vendor's lien.

This bill was filed on the 29th of November 1825, by Joseph
Moreton, administrator de bonis non of John Westeneys, and James
I. Pattison administrator de bonis non of James Pattison, against
Walter Harrison.

The bill states, that the late James Pattison being seized in fee
simple of a tract of land, called Hunt's Mount, the one half of
which he held to his own use, and the other half in trust for the use
of the late John Westeneys; that they sold it in the year 1787, for
the sum of £640, to the defendant, who stipulated by bond to pay
for it before the first of September 1790; that they delivered the
possession of it to the defendant on the 24th of December 1787,
who has held and enjoyed it ever since; that a small part of the
purchase money had been paid, for which credit had been given;
and, that there remained due, at the time of the death of the ven-
dors, Pattison and Westeneys, the sum of .£555, for principal and
interest, which has not been since paid; and which the defendant
had failed or refused to pay.

Whereupon the bill prayed, that the defendant might be ordered
to account with the plaintiffs concerning the balance of the pur-
chase money, and be compelled to satisfy the same; that is to say,
one half to the plaintiff Moreton, and the other half to the plaintiff
Pattison; or in default thereof, that the land be sold; and that the
plaintiffs might have such further and other relief in the premises
as might be consistent with the principles of equity.

On the first of July 1826, the defendant put in the following
pleas on oath; but without any answer whatever.

" The plea of Walter Harrison of Ann Arundel county to the

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 491   View pdf image (33K)
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