This cause came on to trial on the 31st March 1792, when a verdict was taken for the plaintiff, subject to the opinion of the court on the following case.

John Hunt died seized of the lands in question, but not having taken the oath or affirmation of allegiance, was disabled from making a will, by the act ‘ ‘ for the further security “of the government,” passed April 1st, 1778. He left issue, one son and two daughters; and appointed Rachael Hunt and Henry Hale Graham, his executors. His son, some years after his death, sold the premises, for a valuable consideration, to William M’Cullough, whose executor leased the same to defendant. Thomas Corbin afterwards obtained judgment against Hunt’s executors fora bona fide debt due to him from Hunt, and the premises'were duly sold and conveyed, by the sheriff, to the lessor of the plaintiff.

The point reserved for the opinion of the court, was, whether lands aliened bona fide by the heir, were subject to the debts of the ancestor?

It was admitted that the plaintiff must necessarily recover one moiety of the premises, the daughters not having joined in the conveyance; but, if the deed of the son prevailed, then judgment, as to the other moiety, must be given for the defendant.

The court desired the counsel for the defendant to begin:

Whereupon it was contended by them, that the doctrine insisted on for the plaintiff, was pregnant with all the dangerous consequences of secret uses. 2 Bl. Com. 331. No one could make a purchase of lands with any degree of safety. How many multiplied liens must be immediately created upon the successive deaths of several ancestors and heirs?

It was laid down as a rule, that wherever liens are introduced by statute, means are always provided to furnish the purchaser * with information, as matter of record, or [-*039 some act of public notoriety. L

A purchaser for a valuable consideration without notice, shall hold the land discharged of any trust or confidence. 2 Bl. Com. 329. So if tenant in tail becomes indebted to the king, by judgment, recognizance, obligation, or other specialty, and dies, and before any process or extent, the issue in tail bona fide aliens the laud in tail, the land shall not be extended by force of the act of 33 Hen. 8, because the purchaser is a stranger to the debts of tenant in tail. 7 Co. 21. b. By stat. 27 Hen. 8, c. 16, bargains and sales shall not enure to pass a freehold, unless the same be made by indenture, and enrolled within six months in one of the courts of Westminster Hall, or with the cusios rotulorum of the county; though it is otherwise as to chattel interests. 2 Bl. Com. 338.

Formerly, when the universal method of conveyance was by livery of seisin, no gage or pledge of lands was good, unless possession was also delivered to the creditor; and the reason was, to prevent subsequent and fraudulent pledges of the same land. Ib. 159, 160.

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