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RIDGELY v. IGLEHART.
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RIDGELY v. IGLEHART.
Lien in its proper sense is a right which the law gives; although it is usual to speak
of lien by contract. —Of liens given by the common law, by equity, by marine
law, by statute, mod by contract. —The lien given by the act to direct descents,
repudiates every thing like an equitable lien, and can only be enforced at common
law as a statutory lien incident to the bond with which it has been blended. —
Where, under the act to direct descents, one of the heirs, under an order of sale
purchases the whole, and gives bond with another heir as his surety, the Hen of
such a bond is exclusive of the interests of such obligors. —Where one heir sues
upon such bond and obtains a judgment; and by virtue of an execution thereon,
has the land bound by such statutory lien taken and sold, he thereby extinguishes
Ms Men,
THIS bill was filed on the 30th of November, 1831, by Robert
Ridgely against Michael Iglehart. From which and its exhibits
it appears, that William Ridgely died intestate, seised in fee sim-
ple of certain parcels of land which descended to the plaintiff, to
Isaac Ridgely, Reuben Ridgely, Amelia Ridgely, and Priscilla the
wife of the defendant, as his children and heirs at law. That on
a petition by two of them to Anne Arundel County Court, to have
those lands divided among them, a commission was issued under
the act to direct descents; (a) and the commissioners having re-
turned, that they would not admit of division, they were ordered
to be sold on a credit of twelve months; the whole containing one
hundred and seventy-seven acres and three-quarters, was sold ac-
cordingly on the 19th of February, 1824, to Reuben Ridgely, one
of the heirs, for $8 26 per acre, amounting to $1, 468 21; for
which he gave bond, with Amelia Ridgely, another of the heirs, as
his surety, to the state, with a condition, that he should, on the
19th of February, then next, pay to the respective heirs of William
Ridgely, deceased, namely, Robert Ridgely, Amelia Ridgely, Isaac
Ridgely, and Ethelbert Iglehart, only child and heir of Priscilla,
their executors, administrators or assigns, their equal and just
proportions of the amount of the sale of the real estate of the
aforesaid William Ridgely, sold under the order of Anne Arundel
County Court, with interest thereon from the 19th of February,
1824. That afterwards a suit was instituted on this bond in Anne
Arundel County Court for the use of Ethelbert Iglehart, by Michael
Iglehart his next friend, against Reuben Ridgely; and on the 18th
of April, 1827, a judgment was recovered for $2, 936, to be re-
leased on the payment of $293 64, with interest thereon from the
(a) 1820, ch, 191.
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