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548 RIDGELY v. IGLEHART.
per equitable lien, it is expressly declared, that it shall only be en-
forced by a suit at common law upon the bond itself. The lien
security, and the remedy upon it, in this respect, are alike new and
specially prescribed; neither the one nor the other is left to be as-
certained by inference or analogy.
I am therefore of opinion, that no mere equitable lien can be
presumed to arise from any sale of a real estate made under this
law for the purpose of effecting a division of its value; and that
this plaintiff can have no remedy whatever for recovering the
amount of the purchase money due to him, other than that which
has been specially prescribed by this act of Assembly, under which
the sale has been made and the bond given.
Whether the first judgment which may have been obtained, as
in this instance, upon a bond of this description, by any one of the
heirs, for whose security it was given, so merges the whole bond
as that no other suit can be brought upon it against the same obli-
gors; or so as to leave to the other heirs no other mode of pro-
ceeding for the recovery of their respective shares than by a scire
facias upon the judgment thus recovered, it is not necessary now
to determine. But it is clear, that whether the bond has been taken
under the direction of the Court of Chancery, or of a county
court, or whatever may be the proper course of proceeding, the
remedy must be at common law upon the bond itself, or upon that
judgment by which the bond has been absorbed.
This last general act to direct descents declares, that the legal
estate shall not be conveyed until the terms of sale shall have been
complied with by the purchaser having paid the purchase money;
and in relation to the estate held by the purchaser, it is said to be
an equitable interest therein before any deed shall be executed for
the estate sold. And again it is said, that the county court or
Chancellor shall be satisfied, that the purchase money has been
fully paid before a conveyance is ordered to be made, (u) Whence
it is clear, that the lien, the remedy upon it, and its final disen-
gagement by a conveyance are all expressly declared to arise out
of, and to be attendant upon the bond; and to be chiefly or alto-
gether a continuation or part of the judicial proceedings of that tri-
bunal to which the application had been made for a partition of
the estate, (w)
It is declared, that the bond shall remain as a lien until the
(u) 1820, ch. 191, s. 24 and 25. —(w) Stuart v. Laird, 1 Cran. 309,
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