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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 663   View pdf image (33K)
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ANDREWS v. SCOTTON. 663

the 12th of May, 1826, whereupon he prayed an attachment
against Anderson to enforce obedience to that order; which was
granted as prayed, returnable to the then next term.

23d September, 1828.—BLAND, Chancellor.—Samuel Anderson
having been brought into court on an attachment to enforce obe-
dience to the order directing him to pay the amount of the pur-
chase money then due; and the trustee having prayed, that he,
Anderson, be committed, he produced a certificate from the clerk
of Anne Arundel County Court, of his personal discharge by that
court under the insolvent laws. Whereupon it is Ordered, that
the said Samuel Anderson be, and he is hereby discharged from
custody, according to the provisions of the act of assembly in
such case made and provided, (s)

The trustee Boyle, by his petition, filed on the 21st of February,
1829, stated, that the land sold to Samuel Anderson would not
now bring near the amount he had contracted to pay for it; that
the sureties, James Anderson and John Stewart, in the appeal bond
given by Samuel Anderson on his appeal from the order of the
12th of May, 1826, were sufficiently good. Whereupon the trustee
Boyle prayed the advice and direction of the court in what manner
to proceed; by passing an order, that a re-sale should take place,
or that the bond should be sued, or both; and if a re-sale should
take place, that Samuel Anderson and his sureties should pay the
difference, or such other relief as might be consistent with the
circumstances of the case.

25th February, 1829.—BLAND, Chancellor.—This petition of
the trustee having been submitted, the proceedings were read and
considered.

On a sale of real estate, made under an order or decree of this
court, it retains an equitable lien until the purchase money is paid;
this lien stands in all respects upon the same footing as a vendor's
lien in case of a sale by a private person; and is in no instance
weakened or destroyed by the bonds or notes which the trustee may
be directed to take from the purchaser; nor can it be at all im-
paired or relinquished by any act of the trustee not sanctioned by
the court. This lien arises from and is incident only to the rela-
tionship of seller and purchaser; and is peculiarly and exclusively

(s) 1825, ch. 122.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 663   View pdf image (33K)
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