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RIDGELY v. IGLEHART. 541
19th of February, 1824, and costs. Upon which judgment execu-
tion was issued and levied upon the lands which had so descended;
and, at the sale by the sheriff, this defendant became the purchaser
of the whole for the sum of $288 55; and the sheriff executed a
deed to him accordingly, which has been duly recorded. Thai mo
part of the share of this plaintiff in the purchase money arising
from the sale of the lands as descended, has been paid by Reuben
Ridgely, or by any person claiming from or through him, to this
plaintiff; and that his part of that purchase money, with the inte-
rest thereon, remains wholly due and unsatisfied. That this plain-
tiff is advised, that he has an equitable lien on all the real estate
descended, to secure the payment of his proportionable part of the
purchase money, into whosesoever hands the same may have come.
Whereupon he prayed, that the defendant Michael Iglehart might
be decreed to pay to the plaintiff his proportion of the purchase
money by a fixed day, or that, in case of his failure to do so, the
land might be sold to pay what was due to this plaintiff, and for
such other relief, &c.
Whereupon a subpoena having been issued and returned served,
the defendant appeared and put in the following demurrer.
The demurrer of Michael Iglehart of Anne Arundel county to
the bill of complaint of Robert Ridgely against him in Chancery
exhibited, This defendant by protestation not confessing or ac-
knowledging all or any of the matters or things in the complain-
ant's said bill of complaint to be true in manner and form as they
are therein alleged, for answer thereto this defendant doth demur
in law. And for cause of demurrer says, that the said bill contains
not any matter of equity whereon this court can ground any decree,
or give the complainant any relief, or assistance as against this
defendant. That if the matters stated in said bill do give the
complainant any cause of complaint or action against this defen-
dant the same is triable and determinable at law, and not to be
enquired into by this court. That the state of Maryland is, by the
complainant's own shewing, a proper and necessary party to any
suit or action in this court which may be prosecuted touching the
matters alleged in said bill. And that the heirs at law of William
Ridgely in said bill named, are likewise proper and necessary par-
ties thereto. Wherefore, and also for divers other errors and im-
perfections in said bill, this defendant doth demur thereto and
prays the judgment of this court whether he ought to make further
answer; and also prays to be hence dismissed with his costs, &c.
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