Page:Federal Reporter, 1st Series, Volume 2.djvu/144

ATWATBR ». 8EELT. 137 �been vested, subject to the equity existing against them, which the statute recognized and enforced. 1 Kent (6th Ed.) 455-56; Cooley Const. Lim. 367, 371-771 The heir has no rights superior to those conferred upon John D. Seely, Jr., by virtue of the deed executed and delivered April 19, 1875, and recorded September 6, 1875. He succeeded, on John D. Seely, Jr.'s death, to such interest in the real estate as the latter had at the time of his death, and sueh only. This in- terest or title in the heir "was subject to the equity created by the conveyance from Julinah P. Atwater to Joséphine Seely, dated October 14, 1873, and he took the title cuin onore. 2 Peters, 380; 8 Peters, 108; 13Mich. 217; llMinn. 439; 83Minn. 84. �By the deed to John D. Seely, Jr., executed April 19, 1875, Julinah P. Atwater conveyed ail the interest in the real estate which she became possessed of as one of the heirs of Jo- séphine Seely, and she has parted with ail her right, title and interest in the same, and it cannot be recovered by these complainants. They are, however, entitled to the relief de- manded, with this exception, and to the possession of two- thirds of the real estate, less the interest of Julinah P. Atwater, as one of the heirs of Joséphine Seely, and a decree is ordered in conformity with this opinion. �The matter is referred to H. E. Mann, master in ehancery, to take an aceount as prayed for, and also report to the court the condition and situation of the property, so that it ean de- termine whether the real estate should be partitioned among the parties entitled thereto, or sold and the proceeds divided.. �The cross-bill is dismissed. ����