Page:Federal Reporter, 1st Series, Volume 4.djvu/601

STEBBS ». DANIEL. 687 �any appreciable degree, affect the amount of the considera- tion therefor. �Nor should it be forgotten that the justice of this case, as well as the law, is with the plaintiff. The defendant obtained his conveyance and assignment from Miller without advano- ing anything therefor, the consideration being merely a pre- existing debt, and that of no probable value. And although he is not personally liable on Miller's contract, yet, having accepted a conveyance and assignment from him of the sub- ject-matter thereof, — with notice of the fact that a portion of the purchase money was unpaid, -whereby he became the legal owner of an undivided one-fourth of one portion of the property, and the equitable owner of the whole of the remain- der, — he is justly liable for such purchase money to the estent of such ownership. �By virtue of its lien upon the premises the plaintiflf is en- titled to call upon the defendant, as the assignee of Miller, to pay the remainder of the purchase money acoording to the terms of the contract, or submit to have his interest in the premises sold, and the proceeds applied to the satisfaction thereof. Champion v. Brown, supra, 402. �A decree will be entered for the plaintiff accordingly. ���Bteebb and others v. Danisl and others. �{Circuit Oatirt, W. D. Tennessee. .Tuly 25, 1880.) �Execution— Lbabehold and Machinbby — Fktuebs — How Levied AND Sold — Abandonment. — Leaseholds and ponderous machinery being incapable of actual possession, any noterions act asserting title under a levy is sufllciept. Such fixtures as would, if the leasehold ■were a freehold estate, pass as part of the realty, cannot be detached and sold separately. Bdd, therefore, that the marshal need not take actual possession either of the leasehold or machinery ; that he need not keep a watchman in charge, nor otherwise manifest a continulng control, nor detach the fixtures ; and his failure to do so cannot be treated as an abandonment of his levy. ����