
    
      The Ex’ors of Edward Francis vs. The Ex’or of Ann Lehre and others.
    
    
      A. purchased land on credit, giving bond and a mortgage of the land to secure the payment of the purchase money, and shortly thereafter made a voluntary gift of the land. Held, that A and her executor were hound to pay the bond and release the land from the lien of the mortgage, for the benefit of the donee.
    
      Before JohnstoN, Ch. at Charleston, February, 1844.
    The late Mrs. Ann Lehre purchased from the executors of Edward Francis, a plantation in Charleston district, and gave therefor a bond, conditioned for the payment of' $3075, in three equal annual instalments. The bond was secured by a mortgage of the premises. Soon after the purchase, Mrs. Lehre made a deed of gift of the said plantation to J. B. Campbell, in trust for the sole and separate use of Ann Finley, wife of L. B. Baker. Mrs. Lehre paid up about one third of the amount of the bond and then died. This bill was hied against her executor, Campbell the trustee, and Baker and wife, praying that the balance due on the bond might be paid out of the estate of Mrs. Lehre, or that the plantation be sold. The executor of Mrs. Lehre contended that the estate of his testatrix was liable only for the deficiency which might remain after the plantation had been sold to pay the bond.
    His Honor the Chancellor decreed that the executor of Ann Lehre pay to the complainants the amount due on the bond, with all costs, from the assets in his hands, which he admitted to be sufficient, and in case of his failing to make such payment that the mortgage be foreclosed, and the premises sold, &c. He further ordered, “that in case of a foreclosure, in consequence of non-payment of the debt by the executor of Mrs. Lehre, the executor shall reimburse the trust estate, in the hands of Mr. Campbell, for the value of the property sold under the mortgage.”
    The executor of Mrs. Lehre appealed.
    
      A. Gc. Magrath, for the motion.
    
      H. A. Desaussure and Campbell, contra.
   Curia, per Johnston, Ch.

The proposition presented by this appeal is, ‘that if a man purchase property on credit, and then make a donation of the property, he may substantially revoke the gift, by compelling the donee to pay the donor’s debt. But as long ago as Villers vs. Beaumont, 1 Vern. 100, it was determined, that if one make a gift of which he afterwards repents, this court has no right to free him from the fetters with which he has voluntarily bound himself, but he must lie down in his own folly.

As regards the grounds suggesting the injury to Mrs. Lehre’s creditors, it may be observed that the creditors are not before the court, and are in no manner affected by the decree, and the executor is not entitled to take grounds for them; and as to the executor himself, the fact is .recited in the decree, that he, at the hearing, admitted assets extending to the bond.

Ordered that the appeal be dismissed and the decree affirmed.

The whole court concurred.  