|
|
|
|
|
|
|
|
|
|
|
|
546 RIDGELY 9. IGLEHART.
either of those modes for the purpose of effecting a division of the
value of the land descended.
By the original act it was declared, that where one of the heirs
elected to take at the valuation, the value should be a lien and in-
cumbrance on such land until paid; and further, that the same
might be recovered by an action upon the case brought by the par-
ties respectively entitled, (m) Whereby a lien of a specified and
peculiar character was given, nearly similar, it is true, to a vendor's
equitable lien; but instead of pronouncing it to be a lien of that
kind, or of sending the party to a court of equity to have it en-
forced; the mode of obtaining the benefit of it was expressly de-
clared to be by an action at common law.
By some subsequent acts it was declared, that where any person
entitled should elect to take the estate, or any part of it, at the
valuation; or where it should be sold, the bonds taken for the pay-
ment of the purchase money should remain and be a lien on the
land until they should be wholly paid, (n) By these provisions the
circumstances which give a lien, in the case of a purchase by elec-
tion were altered; and instead of the lien originating simply from
an election to take at the valuation, as in the previous law, it was
made to arise only from the bonds given as well on a purchase by
election as at a sale. By another act it was declared, that it should
not be necessary for an elector or purchaser to give bond to each
one of the representatives of the intestate; but that one bond
might be given to the state to secure to the heirs their respective
proportions; (o) but this act was totally silent upon the subject of
a lien.
In all cases, however, it would seem, that, as an additional secu-
rity for the payment of the purchase money, the legal title was to
be withheld until the whole amount was paid; for, it was declared
that the legal title should not be conveyed to the purchaser until
the terms of sale had been complied with by his having paid the
purchase money, (p) And by another act it was declared, that the
legal title should not be conveyed to him who elected to take until
the valuation had been paid or secured to be paid to the heirs of the
intestate, (q) Upon which it has been held, that, until the pur-
chase money has been so paid or secured to be paid, the legal title
does so absolutely remain in each one of the heirs, that he may
(m) 1786, ch. 45, s. 9. —(n) 1802, ch. 94, s. 5; 1809, ch. 160, s. 6. —(o) 1815, ch.
20S. —(p) 1799, ch. 49, s. t. —(q) 1802, ch. 94, s, 6.
|
|
|
|
|
|
|
|
|
|
|
|
 |
