
    *Sharp v. Kerns & als.
    October Term, 1845,
    Richmond.
    Liens — Case at Bar, — A testator directs his land to be sold, and the proceeds divided among his children. Two of these sell their interest in the land, and take bond and security from the purchaser; who leaves the State without making payment. After-wards, the land is sold by the administrator with the will annexed, and then the two children who sold, file their bill, claiming a lien upon the interest in the land sold by them, for the payment of the purchase money. Held. They have no lien; and their bill dismissed.
    Sometime previous to the year 1819, Michael Kerns of Bedford, died, having-first made his will, by which he directed his real estate to be sold, after the death of his wife, and equally divided among his children. In 1819, two of these children, Jacob and George Kerns, sold their interest in the real estate of their father to John Dillard, and took from him two bonds, each for 184 dollars 16 cents, one payable on the 1st of January 1820, and the other on the same day in 1821, with Benjamin Moore as. Dillard’s securit3.
    The land was sold by Sharp, the administrator with the will annexed of Michael Kerns, in 1831, and then Jacob Kerns and George Kerns filed their bill in the County Court of Bedford, against Dillard, Moore, and Sharp, as administrator with the will annexed of Michael Kerns, alleging that Dillard and Moore had removed from the Commonwealth; but these two bonds were yet due; and claiming to have a lien upon the interest in the real estate of their father, sold by'them to Dillard, and asking the Court to restrain the defendant Sharp from paying over the proceeds of the land to Dillard, and that he be decreed to pay it over to them.
    The defendant Sharp answered, admitting the facts stated in the bill, and admitting that he then had in his hands the sum of 58 dollars 35 cents, payable to the owner of each of the interests sold to Dillard; and saying that if the plaintiffs were entitled to receive it, he *was ready to pay it. _ But he insisted that John _ Dillard was indebted to him in the sum of 108 dollars 50 cents, with interest from 1822, by bond; that the- plaintiffs had no lien upon the money in his hands; and that he was entitled, and did claim to apply the money in his hands to the payment of the debt due from Dillard to him.
    The only evidence in the' record, is the two bonds from Dillard and Moore to Jacob and George Kerns, and the bond from Dillard to Sharp.
    Whilst the cause was pending in the County Court, George Kerns died, and it was revived in the name of his executors; and then, in February 1838, it was removed to the Superior Court of Daw and Chancery for Bedford county.
    At the May term of the Court for 1839, a decree was made, directing the defendant Sharp to pay over to the plaintiffs the sum of 116 dollars 70 cents, with interest from the 28th of March 1838, till paid, first deducting’ his costs expended in this cause.
    From this decree, Sharp obtained an appeal to this Court.
    Grattan, for the appellant.
    Michael Kerns having by his will directed his land to be sold, it is to be considered as money. And having been sold, the proceeds are personal estate, and not subject to the vendor’s lien. But if they would have been so subject, the parties released the lien by taking other independent security.
    The suit is not a foreign attachment; and no lien can be claimed on that ground. The case is therefore the naked case of a creditor at large coming into a Court of Equity to subject the property of his debtor.
    No counsel for the appellees.
   The Court reversed the decree of the Court below, and dismissed the bill.  