¶1Upon the first question, I think the law was rightly settled in this case, in the old General Court, in April, 1774, that the conveyance was not valid, and the maxim is that equity follows the law: and, therefore, upon the second question, the plaintiff cannot be aided iu this Court. And as to the third question, if the purchase-money was paid, it created no lien upon the land, because the plaintiff neither derived a legal nor an equitable right thereto: and he must be left to his remedy at law. _ _
4 Va. 943
M'Rae v. Farrow
Decided July 1, 1809
New York Court of Chancery · decided 1809-07-01
In this case these questions occurred: 1. Whether a conveyance by two of three executors, all of whom had qualified and were living, (the testator having directed the sale and conveyance to be made by his executors, in general terms,) was valid in law? 2. If it was not, could it be aided in equity? and, 3. If it could not, did the purchase-money, if paid, create a lien on the land, which would subject it in equity to the repayment of the money?
Decided 1809-07-01