WORTHINGTON v. LEE. 679

Worthington died intestate, upon which administration of his per-
sonal estate was granted to the plaintiff, who, when the money
became due, applied to Robert Lee for payment, who refused to
pay. Whereupon she brought suit against him; and at Septem-
ber term, 1822, of Baltimore County Court, obtained judgment,
upon which a fieri facias, and venditioni exponas were issued,
under which the equitable interest of Robert Lee in the said land
was sold for the sum of $105, to the defendant Jesse Lee, of
which sum, after paying therefrom the legal expenses, commis-
sions, and costs, $68 43 only were paid in part discharge of the
debt. Since which time Robert Lee died; but that no letters tes-
tamentary or of administration on his personal estate had been
granted to any one; that he left the defendant Temperance Lee his
widow, and the defendants Thomas, Joshua, John, William, Caleb,
Jesse, Clarissa, Matilda, Penelope, and Mary his children, and the
defendants Eleanor and Ushley, the children of his son Robert
Lee, Jr., deceased, his heirs at law; and that there is due and
unpaid to the plaintiff of the mortgage debt the sum of $800,
including interest. Whereupon the bill prayed, that the mort-
gaged estate might be sold; and that the plaintiff might have
such other and further relief as should appear to be consistent
with equity and good conscience.

On the 14th of April, 1830, the defendants Faner and wife, and
Joshua Lee demurred to this bill; and for cause shewed, that it
appeared by the complainant's own shewing, that the equitable
interest of the said Robert Lee had been sold under an execution,
levied at her instance; and, consequently, that they or either of
the heirs of the said Robert were not the proper parties to be
made defendants.

The defendants Houck and wife on the 10th of August, 1830,
also demurred to the bill; and for cause shewed, that, by the
complainant's own statement, it appeared that both the legal and
equitable interest in the lands alluded to in the bill had been parted
with by Robert Lee and his heirs; and that he, or they, or his
representatives were no longer any way concerned with regard to
their disposal; and that these defendants were only complained of
as the heirs of the said Robert Lee.

29th October, 1830.—BLAND, Chancellor.—This case standing
ready for hearing on the demurrers of Faner and others, and the
solicitors of the parties having been fully heard, the proceedings
were read and considered.