Page:Federal Reporter, 1st Series, Volume 5.djvu/487

BERR-i V. GINACA. 475 �àble to make good this amount, or a part of it, to him, bas jurisdiction to require that surety of Gordon to make contri- bution as prayed for. That such contribution may, on the merits of the case, be required of Stringer's executer, is too well settled to be the subjeçt of controversy. See Story's Eq. Jur. §§ 496, 497, 498; see, alsOj, Wayland v. Tucker, 4 Gratt. 268, and DanieU's Ch. Pr. 282-3. �I will sign a decree overruling the demurrer, and granting the relief prayed for by Turpin. �Note. Bee PeopW» Ban)s. t. Winslow, 1 Morrison's Transcripts, 23. ���Beeby V. GiKACA and others. �{Circuit Court, D. Nevada. , 1880.) �1. TowN-SiTB AcT Construbd—Equity— Jurisdiction. �Where Berry, who had entered land for a town site under section 2387, Rev. St., conveyed a portion of it to an occupant, and thereaftei sued in equity to recover the price and to establish a vendor's lien therefor as against F., T. and D., who had purchased the same land at an execution sale, hdd, that the plaintrS, Berry, had no vendor's lien, and that, having failed to establish a right to the equitable relief demanded, he could have no decree in equity for the purchase money. �In Equity. �George G. Berry, in pro. per., for plaintiff. �I. B. Marshal, for dofendant. �HiLLYBR, D. J. The complaint in this suit states that on December 1, 1874, the plaintiff sold to the defendants J. Ginaca and A. Gintz, jointly, certain real estate, describing iti for the sumof $1,998.80; that no part of this bas been paid, and that plaintiff has a lien as .venddrupon the landsde- scribed for such unpaid purdhase money; that Frierid, Terry, and Doane claim some interest in the land vfhich is subordi- nate to the vendor's lien. The prayer ig for judgment against Ginaca and Gintz for the $1,998.80, with 'iaterest ; for a de- cree subordinating the claim of Friend, Terry, and Doane to ����