
    Moye vs. Clarke.
    A bill for specific performance alleged that complainant had purchased certain land and subsequently sold its receiving a part of the purchase money and taking a mortgage for the balance; that C, an attorney, had in his hands a fi.fa. against complainant’s vendor, on which was due about $140.00, and was proceeding against the land; that complainant could and would have protected himself but for the assurances of C. that he would have the land sold under this fi. fa., bid it in for complainant, and deliver the title to the latter on .payment of the amount due on such fi.fa.; that, relying on such assurances, he took no steps in the matter; that C, instead of carrying out the agreement, went to the sale, caused it to be made under another fi.fa., which he had assured complainant would not interfere with the land, bought it, took title in his own. hame, and ré- . fused to receive the amount due on the first fí¡fa. as agreed :
    
      Held, that there was equity in the bill, and it was- error to dismiss the same on .demurrer. 41 Gd.^285.,
    October 10, 1882.
   .Crawford, Justice-.  