Moore v. Cary

The hill was filed to enforce the complainant’s vendor’s equity against certain real estate which had been conveyed by him in a deed, not retaining a lien on its face, to William Cary and his wife, Mrs. Hattie Cary, as tenants by the entireties. This bill was filed after the husband’s death. Two defenses were offered: Firstly, that the note representing the unpaid purchase money had been so transferred as that the vendor was no longer hound on it; hence there was a novation and the equity lost; secondly, that in any event the vendor’s equity could not be enforced against an estate by the…