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Page:United States Reports, Volume 2.djvu/298

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I ' ig: Casas allinned or reverted in the rpg. er-had been to fell forthe payment of debts, I Ihould inclinem ¥·'VV the opinion, that the purchakrheldthe lands difcbarged from the debts. Ithasbe¤tthceonl�•ttufage(and ufageisthebeit interpreter ofthe laws)ro give, *· Will, thepowertofell lands, fotehepayment ofdebts. Theuties¢>fpurehafersunderfueh 2°'F¤•l¤•en¤erhet·eto£orebeencalledinque{tion;andthey oughtnot now tobe undermined. But, in the prefent in- itancenhedpcowerwasonl givenhythe'I`eilatrix to fell the land•,fet· paymeutof’legacies:The Executor, in felling themforthepaymentof debts, hasalfumeda power, which is

 by? Wili; anddcif‘thr:}y3fx;terht;;`old, dwéth a view. to

payment legacies, no ence agamil creditors. Iam, therefore, ol; opinion, rhatthejudgmeur of ‘ - ¢heSupreme Connaught to bereverfed. · Surreal, M. Two queliiom arife in this tzufe: Iii. Howfarthe ofthedeeeafedperfcnareboundforhis delxs I And. 2d. How faraTe&atormay,hyhisWill,a|i`e£ld1e tight which hiscreditms have inhislandsi xii. Iandsweremade f.tbje&to the payment ofdebts, by agreemeutbetvreerrthepropnetors, and the lirit adventurers, forfettling .Pe¤:y§Ioaai•,be£ore theyleftEaglm:d. This agree- xnentwaseonhmiedhy aeompa& nu r682 ; and by a fubfe- qnenr all of the Legdiature lands were fubjefled to fale, for debts on judtgrent and execution, in fuits againli executors. ltisobvious tthebegiilatureinteudedto ' creditorsas good a fecurity, with regard to the lands, as to gsehattels, of their debtors. The execution ifues againlt the Executors ; and, by virtue of the writ, the lands of theTeiiator, in the hands of an heir, or devifee, may belevied on. In the lalt aél for regulat- ing defcents (3 Vol. Dall Edit. p. gag.) a {trongintimation is glen of the fenfe of rhelegiilature, that the lands are bound the payment of debts, from the death of the debtor. This point feems, now, therefore, to be fairly at rei}. ad. There can be no fatisfaélory reafon, why a Teiiator ihould not have the power to order a {ale of lands for the pay- ment of his debts, provided the exercife of it does not militnte with the general principle of the lien, which thc law has given to creditors. This, however, is not the cali: before the Court; for, the power given to the Executors was to fell for the pay- ment of legacies. Every purchafer is bound to know the law. An Exeeutor, with a power to fell, {lands on the fame footing as any other Truiiee, and mul! purfue the terms of his truit. The proceeds of the land, when difpofed of, under a power to fell for the payment of legacies, cannotbe conlidered as affcts in the hands of the Executor ; fo that if the fale were valid a- gainli: creditors, they would be deprived of the fecurity, wing`};