MULLIK1N v. MULLIKIIf. g,fl
It appears, that much of the purchase money for which the real
estate was sold is likely to be lost, by reason of the misconduct or
negligence of some of those to whom proportions of it have been
directed to be paid by the order of the 15th of February 1825.
That order was certainly founded upon the presumption that no part
of the purchase money had been or would be lost by the miscon-
duct of any of the persons among whom it was to be distributed.
It is very clear, that no one of these distributees can be allowed
to receive any portion of the share awarded to him until all sums,
that ought to have been paid by him, and for which he,is in any
way liable, have been satisfied. And I hold it to be no less clear,
that every assignee of a distributee must take subject to all equi-
ties to which such distributee was in any manner liable.
Whereupon it is ordered, that the order of the 15th of February
1825, in so far as it directs the payment of any money unto Basil
D. Mullikin, the former trustee, and Baruch Mullikin and Regnal
Mullikin his sureties, and Benjamin H. Mullikin and Margaret
Mullikin, who died after the passage of that order and after having
been married to Nicholas Woodward, be and the same is hereby
4 rescinded and annulled.
On the 5th of May 1828, the trustee Alexander also represented,
that the purchaser Anderson and his surety Benjamin H. Mullikin
had not paid the purchase money; upon which by an order of the
7th of the same month, they were ordered to bring in the balance
due, or shew cause. And they having failed to bring in the money,
the matter was submitted for the judgment of the court upon the
cause shewn.
25th June, 1828.—BLAND, Chancellor.—The petition and rep-
resentation of the trustee, together with the answer thereto of
Edward E. Jlnderson and Benjamin H. Mullikin, having been sub-
mitted, the same, with the proceedings to which they relate, were
read and considered.
It appears, that the whole amount of the purchase money for the
tract of land heretofore sold as mentioned in the said representa-
tion has not been paid, and that for the amount still due the
equitable lien held by this court yet subsists in foil force and
unimpaired.
Whereupon it is decreed, that the trustee Thomas & Afexander
proceed to make sale of the land, heretofore sold to the said
Edward E. Anderson, for the payment of the balance of the pur-
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