
    GUTSHALL v. SALSBERRY.
    Chancery — prior equity — notice—purchaser of fee holds as trustee — injunction—costs of land.
    A purchaser of the fee of land, with notice of a superior equity, takes and holds the title subject to that equity, and as trustee of it.
    A party having recovered at law against such prior equity, will be enjoined from taking possession under the judgment, when the costs at law are paid, and decreed to release to the complainant.
    In Chancery. The complainant, with one Margaret Gutshall, entered at the land office a quarter section of land in her name, under an agreement that each should pay half and have half. A division was made between them, and the complainant occupied and improved, and continues to occupy her part. The land was all paid for, and a patent obtained in 1827, to M. Gutshall. Mar* garet Gutshall had deeded to the complainant, when the money was paid, but before the date of the patent to herself. Before the date of the patent, the defendant recovered a judgment against Margaret Gutshall, on which he issued execution, levied on the entire quarter section of land, purchased it in, obtained a deed from the sheriff, recovered in ejectment, and threatens to turn the complainant out. The object of this bill is to enjoin the defendant from turning the complainant out of possession under his recovery in ejectmbnt, and to quiet the title.
    Beebe, for the complainant.
    
      Tappan, contra.
   By the Court.

The complainant’s equity is established. Thfe respondent had notice, and if ‘he acquired any legal right at the sheriff’s sale, he took it subject to that equity, and holds it as trustee for the complainant. The claim of the respondent may, as a cloud upon the complainant’s title, affect his interest. The defendant is, therefore, decreed to release to the complainant half of the quarter section occupied by him, within ninety days, and he is perpetually enjoined from proceeding at law to recover the possession of that half on his judgment, upon the complainant’s paying the costs of the suit at law.  