Pratt v. Vanwyck's Ex'rs
Court of Appeals of Maryland
Appeal from the equity side of Queen Ann’s county court. The appellees exhibited their bill against the appellant and one Ann Pratt, on the 1st of May, 1826, for the purpose of charging certain lands which had descended to the appellant from his father, with a debt due the appellees’ testator from Ann Pratt.
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Appeal from the equity side of Queen Ann’s county court. The appellees exhibited their bill against the appellant and one Ann Pratt, on the 1st of May, 1826, for the purpose of charging certain lands which had descended to the appellant from his father, with a debt due the appellees’ testator from Ann Pratt. The bill alleged that Francis Hall being indebted to their testator, on the 26th of April, 1816, for the purpose of securing the payment of the same, conveyed to him, by way of mortgage, a tract of land called Neale’s Residence. That this mortgage afterwards, on the 13th of December, of…
1Opinion of the CourtDorsey, J.
The right of the vendor to pursue for the purchase money unpaid, real estate remaining in the hands of the vendee, or of volunteers claiming under him, or of his *498alienees with notice, exists only in a court of equity. It is á relief afforded only there on the ordinary ground that the claimant is remediless in a court of law. If the vendor can, by any proceeding at law, recover the amount due him, Chancery never interferes to enable him to assert his equitable lien. His remedy at law must be first exhausted, or it must be shown that none exists there. As sustaining this doctrine, if any…
2Cited by3 opinions
- Timms v. Shannon ex rel. ShannonCourt of Appeals of Maryland · 1862
- Ohio Life Insurance & Trust Co. v. RossHigh Court of Chancery of Maryland · 1848
- Clark v. LeveringHigh Court of Chancery of Maryland · 1847