
    Shelby, Administratrix, v. Marshall, Administrator.
    SHELBY agreed with Craig, in 1818, for the purchase of certain real estate for 4,000 dollars; paid 1,500 dollars in hand; and gave his obligations for the residue: taking a bond conditioned for the execution of a legal title. At the 4pril term, 1820, Craig obtained judgment on one of these obligations for 1,000 dollars; and, at the same term, he became surety for Tate in the replevy on record of a judgment for 150 dollars at the suit of Huffnagle. In November, 1820, Craig and his wife executed a conveyance to Shelby conformably to the title bond, with covenants of right tq convey and of general warranty* In 1821, the use for seven ye'qrs of the estate thus conveyed, was sold as the property of Craig on an execution against him and Tate, issued on the replevin record; and afterwards, in an ejectment against Shelby, the purchaser at sheriff’s sale recovered possession of the premises.
    
      Shelby filed a bill in chancery against Craig setting forth these facts, suggesting the defendant’s insolvency, and praying that the judgment against the complainant might be perpetually enjoined. The parties having died, the suit was revived in the names of their representatives.
    The Court, upon bill, answer, and exhibits, after having ascertained by a writ of inquiry' the damages which the complainant had sustained on account of the incumbrance, decreed a perpetual injunction against the judgment, to the amount of the as; sessment and costs .
    
      
       Vide Smith v. M'Campbell, ante, p. 100.
    
     