23 F. Cas. 234
U.S. District Court
Decided July 1, 1826
U.S. District Court · decided 1826-07-01
This was a bill in equity to charge the land, •or rather the proceeds of the sale of the land, in the hands of a trustee who had sold it under a decree of this court on a bill filed by creditors of the late George King, to charge the Teal estate, for the deficiency of personal assets for the payment of his debts.
Decided 1826-07-01
¶1I think the complainant has no lien on the money in the hands -of the trustee, because, 1. The complainant uever had the legal estate; he had only a Tight to call for it upon payment of the bal-ranee of the purchase-money; and when he .agreed to rescind that contract he lost that Tight. 2. Because he took a separate security, namely, the bond of Mr. Boone.
¶2The other judges concurred.