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284 COOMBS v. JORDAN.
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COOMBS v. JORDAN.
In a creditor's suit the purchaser may be directed to pay a creditor out of the on-
paid purchase money.—The administrator of a deceased trustee ordered to bring
into court the bonds given by the purchaser, with the purchase money which had
been collected, and also to account.—The administrator and heir of a deceased
purchaser ordered to pay the purchase money.—The estate ordered to be re-sold
to pay the balance of the purchase money.
The origin and nature of a judicial lien which fastens upon all the real estate then
held, or thereafter acquired by the defendant from the date of the judgment.—In
the case of an obligee against the heir of the obligor, in respect of real assets
descended, the lien attaches upon such assets from the day the suit was com-
menced.—Lands in Maryland were, in some cases, liable to be taken in execution
and sold for debt before the year 1732.
The adoption of the British statute of 1732, making lands liable to be taken in exe-
cution and sold for debt; and its construction considered.—What is to be consi-
dered as real estate upon which a judicial lien will fasten.—To what kind of real
estate, in reference to its tenure, a judicial lien will attach.—An equitable as well
as a legal interest in land may be taken in execution and sold for debt.
A judicial lien on land is, here, a consequence of a decree in equity as well as of a
judgment at law.—A judicial lien, when barred by lapse of time, cannot be re-
vived so as to have a retrospective effect prejudicial to the rights of others.—
Where a judgment has abated by death, during the continuance of the lien,
the plaintiff, or his representative, may come in, under a creditor's suit, as a judg-
ment creditor, without reviving at law.
A purchaser under a decree is not bound to see to the application of the purchase
money.—The tacking of one claim to another is never allowed to the prejudice of
others.
THIS was a bill filed on the 18th of July, 1809, by Samuel
Coomb s, in behalf of himself and the other creditors of Richard
Jordan, deceased, against Richard Jordan, Ann Jordan, and James
Cook. The bill states, that Richard Jordan, deceased, at the time
of his death, was indebted to the plaintiff by judgment in the sum
of 45 15s. 9 1/2 d.; and died intestate possessed of a large personal
estate, and seised in fee simple of a large tract of land called
Bramble, leaving the infant defendants Richard and Ann, his only
children and heirs; that the defendant Cook, took out letters of
administration upon the personal estate of the intestate, and paid
to the plaintiff $67, in part satisfaction of his claim, but declined
paying any more; alleging, that there were other creditors of the
intestate; and that there were not assets sufficient to pay the plain-
tiff a greater proportion of his claim. Whereupon it was prayed,
that, in case the personal estate of the deceased should be insuf-
ficient, his real estate might be sold to pay his debts; and that the
plaintiff might have such other and further relief as the nature of
his case might require.
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