*
638 MULLIKIN v. MULLIKIN.

MULLIKIN v. MULLIKIN.

A trustee, who had been appointed to make sale under a decree, ordered to bring the
purchase money with the bonds and notes received or taken by him, into court,
and displaced, because of his misconduct.

A distributee can be allowed nothing until all sums for which he is liable as princi-
pal or surety have been paid; and his assignee takes subject to all equities to
which he is liable.

On a purchaser failing to pay the purchase money, the land may be resold at his risk
under the court's equitable lien.

This bill was filed on the 4th of December 1812, by Benjamin
H. Mullikin, Richard D. Mullikin, Basil D. Mullikin, Jacob F.
Waters, Basil Duckett and Sophia his wife, Margaret Mullikin,
Jinn Mullikin, and Kitty Mullikin, against Regnal Mullikin, Baruch
Mullikin, John Waters, Ann Maria Waters, and Rachel Waters, all
of whom were minors. The bill states, that Belt Mullikin had
died intestate seized of a large real estate which had descended to
his children the plaintiffs Benjamin, Richard, Basil D. Mullikin,
Sophia, Margaret, Jinn, and Kitty, who were of full age, and to his
children the infant defendants Regnal and Baruch; and to his
grand-children, the infant defendants, John, Jinn Maria, and
Rachel, who were the children of the intestate's late daughter
Martha H. Waters who had been the wife of the plaintiff Jacob F.
Waters; that it would be for the benefit of all the representatives
of the intestate to have the land sold, in order to make division
of the proceeds thereof; but that a sale could not be effected with-
out the interposition of this court. Whereupon the plaintiffs prayed,
that a sale might be made; and that they might have such other
relief as the nature of their case might require.

The defendants Regnal and Baruch having attained their full
age, since the filing of the bill, put in their answer on the 6th of
January 1817, and consented to a sale as prayed. And the other
defendants, who were still under age, answered by guardian and
admitted, that a sale should be made as prayed,

Upon which on the 8th of January 1817 a decree was passed in
the usual form, appointing Jonathan Meredith trustee to make the
sale; who, with his own consent, was on the 10th of March fol-
lowing removed, and Basil D. Mullikin appointed in his stead.
After which this trustee, having given bond with Baruch Mul-
likin and Regnal Mullikin as his" sureties, on the 4th of April

1821 filed his report, in which he states, that he had on the 5th of