
    James R. Pringle and others, Trustees of Mrs. Cleary, vs. William Allen.
    IVhere a settlement of certain negroes was made to the use of husband and wife during their joint lives, and to the use of the survivor, with a limitation over; it was held, that upon the death of the husband, a legal estate vested in the wife for life, which was subject to levy and sale under execution; but that the purchaser at sheriff’s sale, should before delivery, give bond and security for the forthcoming of the property on the termination of the life estate. [*137]
    The defendant, William Allen, recovered a judgment against N. G. Cleary, sued out a fi. fa., and delivered it to the sheriff of Colleton District, who seized two negroes, and was about to sell them to satisfy the debt, when the trustees of Mrs. Cleary filed this bill for an injunction* — alleging that the negroes belonged to the trustees The defendant answered, denying the equity, and insisting that one of the negroes was not connected with the trust at all, and that the life estate of Mrs. Cleary in the other was liable to seizure and sale.
    At the hearing, it appeared that one of the negroes was not in the settlement ; and the injunction as to that slave was dissolved. As to the other slave, it appeared that she was subject to a trust of a settlement, whereby a large number of negroes were conveyed to trustees, for the use of Samuel C. Graves and Susan M’Pherson, his intended wife, now Mrs. Cleary, during their joint lives, and to the use of the survivor for life— and after the decease of the survivor, to the issue of the marriage. Samuel C. Graves died, leaving issue, and the negroes never were in the possession of the trustees.
    The Chancellor continued the injunction as to these negroes, and ordered that the plaintiff's debt should be paid out of the income, and if not paid by January following, that a receiver should be appointed.
    From this decree the defendant appeals, and insists:
    1. That a life estate in negroes is liable to execution at law, and that it makes no difference whether the same be created by deed or will.
    2. That the Court does not sit to force upon a creditor who has a right to a common law execution, the unwelcome and inadequate process of this Court, for the attainment of the same object.
    
      
      
         Harper, J., being absent during a part of this Term, Mr. Justice Eakle sat in his place.
    
   Johnson, J.

Upon looking into the case of Ur. Francis Porcher v. Sarah B. Gist, decided here at the last sittings, I find that this case runs all fours with it. There, as in this, the settlement was to the joint use of the intended husband and wife for life, then to the use of the survivor for life, and on the death of the survivor, to the use of the issue of the 'marriage ; and it was held that upon the death of the husband, a legal estate vested in the wife for life, which was liable to be levied on, and sold under fi. fa. against the wife. The decree of the *Circuit Court must, therefore, be reversed, and the injunction set aside and dissolved, and it is so adjudged and decreed.

In Cordes and Adrian, decided during the present sitting, an order was made in the Circuit Court, that the purchaser, at sheriff sale, of a life estate in slaves, should give bond and security that they should not be carried out of the State, and that they should be forthcoming at the termination of the life estate; and without some security of this sort, it is apparent that the interest of those entitled in remainder would be jeopardized, particularly on sales by the sheriff, who must sell to the highest bidder, whatever may be his character or responsibility. It is, therefore, so reasonable and necessary, that we think it should be provided for, in every case. It is therefore ordered and decreed, that upon the sale of the negroes taken in execution, .at the suit of the defendant, Align, the purchaser shall, before delivery, enter into bond to the Commissioner of the Court, with good and sufficient security, to be approved by the Commissioner, in an amount equal to double the value of the negro or negroes, conditioned that the said negro or negroes shall not be carried or removed out of the State, and that they, if alive, with the increase of the females, shall be forthcoming at the termination of Mrs. Cleary’s life estate — costs to be paid out of the sales.

O’Neall and Earle, Js. concurred. 
      
      
        а) Videpost.
      
     