_ · 16 FEDERAL REPORTER.
not necessary to now determine just what interest she has in the
` property, it sufficiently appearing that she has some interest.
From the statements of counsel at the bar, and, indeed, from the
report itself, it appears that the purchaser is desirous of complying
with his bid, and is perfectly responsible for the amount, if he can
· thereby acquire a good and indefeasible title to this land, and that his
bid was made in good faith. Under such circumstances a purchaser _
has a right to require a good title, and will not be compelled to com-
plete his purchase if such title cannot be given.c The usual course in A
such cases is to direct a reference, as has been done here, and if it
appears that the title is not good, and cannot be made perfect by
deeds from the parties in the suit before the court, to relieve the pur-
chaser from his bid and order a resale of the property.- 2 Daniell, Ch.
Pl. & Pr; 1276-1285, and cases cited innotes. _
Let a decree be entered relieving the purchaser from complying
with his bid, and ordering a resale of such interest as the defendants _
have in the property. ` V
’ Smrn and others, Adm’rs, v. Hmvmx.
(Uircuit Uaurt, N D. I  July 7, 1882.)
Esrxras or DECEABED—l;NV`EBTMENT BY Lacuna.
A legatee, being also executor, of the estate of a decedent purchased an inter-
est in a firm, using for that purpose certain funds derived from that estate,
one·third of which belonged to him as legatee, one-third to a sister, and one-
third to the children of a deceased brother. When he entered the firm he stip-
` ulated to become liable with the partners for its debts. He subsequently died,
and his executor became a member of the same tlrm, and not only allowed the
interest of his testator in that firm to remain, but, upon the basis of certain
notes payable to his testator, negotiated loans from Ayer and from a bank for
the use of the firm. In an action brought by the personal representatives of the
. original decedent the supreme court decided that the notes in question, in fact,
belonged to the estate of such decedent, and they were accordingly delivered up
to his personal representatives by the parties to whom they were passed as col-
lateral security for said loans. Thereupon the personal representatives of the
original decedent brought an independent  uit against thc maker of the notes
to enforcetheir payment, and in the progress of the suit the entire amount due
on the notes was paid into court. Held-
(1) That the judgment of the supreme court deciding that the notes belonged
to the estate of the original decedent, andthe decree in pursuance of the man- _
date requiring their delivery to his personal representatives, do not prevent the
creditors of the Erm, of which his legatee was a member, from asserting in this
independent suit any equity they or either of them may have, to have their
debts paid out of the proceeds of the notes.