Strider v. King

Decided December 15, 1826

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 real estate, for the deficiency of personal assets for the payment of his debts.

Decided 1826-12-15

CRanch, C. J.

¶1I think the complainant has no lien on the money in the hands of the trustee, because, 1. The complainant never had the legal estate; he had only aright to call for it upon payment of the balance of the purchase-money; and when he agreed to rescind that contract he lost that right. 2. Because he took a separate security, namely, the bond of Mr. Boone.

¶2The other judges concurred.