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550 RIDGELY v. IGLEHART.
In the case of a recognizance, if the conusee purchases, or ac-
cepts a grant of the land bound by his recognizance, he thereby
discharges his Men; (y) so here, this heir, by taking in execution
and having sold the land bound to him thereby discharged his lien;
since it would be against all law and equity to suffer him to retain
his lien, so as in any manner thereby to obtain a satisfaction for
what, as in this instance, might remain unpaid, from the very same
fund; and that too, to the prejudice of third persons. But, as in
the case of a statute merchant which, because of its being sealed
by the conusor himself, may be treated as a mere personal obliga-
tion by the conusee, who may waive all benefit of the lien con-
nected with it; (z) so here, although this bond lien, to the extent
of the interest of Ethelbert Iglehart, has been exhausted and ex-
tinguished by the levy and sale under his execution; yet that can-
not prevent him from pursuing his remedies upon the personal obli-
gation against the obligors until he has obtained full satisfaction.
I am therefore of opinion, that this defendant has obtained, by
his purchase from the sheriff, an interest to the extent of three-
fifths of the whole of the estate, unencumbered by any lien what-
ever in favour of the three heirs whose interests were covered by
the execution in the manner described.
But as regards the interests of this plaintiff, it is evident, that no
act which has been or could be done by his co-heir Ethelbert Igle-
hart, by the institution of a suit upon the bond, or by causing the
land to be sold under execution or otherwise, can be permitted, in
any respect, to prejudice the rights, or to impair the obligation and
lien belonging to this plaintiff. His remedies or forms of proceed-
ing may have been, in some particulars, varied; but the substance
of them cannot have been affected in any manner whatever by any
proceeding or conduct of his co-heirs alone. And those remedies
whether upon the bond and lien, or upon the judgment and lien;
because of the bond having been transformed into a matter of
record by the judgment, (a) it is most manifest must be by a pro-
ceeding at the common law as prescribed by the act to direct de-
scents; since there can be no equitable lien of any description
which can be dealt with by this court.
It is unnecessary to say any thing as to the want of proper par-
ties, which has been set down among others of the causes of this
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(y) Bac. Abr. tit. Execution, B. 5, —(z) Bac, Abr. tit, Execution, B. 2. —(a) Hig-
gen's case, 6 Co. 45,
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