Henry v. Pennington's heirs

’Chief Justice Maeshall

delivered the opinion of the Court.

This bill was filed by Pennington’s heirs to obtain payment and enforce their lien on a tract of land which had been sold on petition of their guardian, R. B. Hen-, ry, and purchased by James Henry, his brother. It appears that the commissioner who made the sale, having been directed by the Court tp collect the proceeds and .pay them over, he and the guardian and purchaser met, and the purchaser took in his notes for the sale money by giving a credit for the amount upon a note which he held on the guardian, who was also one of his…