case pollexfen versus more February m agree to purchase a estate of the  plaintiff for pound but die before he have pay the whole purchase money m by  will after give pound legacy to his sister devise the estate purchase and all  his personal estate to I king and make he executor I king commit a devastavit  of the personal and die and the purchase estate descend on b king his son the  court to give the legatee a chance of be pay her legacy out of the personal  asset direct the plaintiff to take his satisfaction upon the purchase estate  for the remainder of the purchase money Mr Thomas more in his lifetime agree  to purchase of the plaintiff a estate call orchard in somersetshire for pound  but die before he have pay the whole purchase money more by will after give a  legacy of pound to the defendant his sister devise the estate purchase and all  his personal estate to John Kemp and make he his executor more in his lifetime  pay pound S d as part payment the conveyance be prepare and execute by  pollexfen and his mother but they retain they as a security for the residue of  the purchase money Kemp pay a further sum of pound after more be death Kemp  die intestate and thereupon a administration be grant of his personal estate  to Lord orrery and administration de good non of more be grant to mary more  his sister it appear from mary more be answer that Kemp have exhibit a  inventory in the ecclesiastical court and have thereby charge himself with  pound S d and have discharge himself of pound S d as pay to pollexfen in full  for the residue of the purchase money Mr John Kemp commit a devastavit of the  personal estate and die and the purchase estate descend upon boil Kemp his son  and heir at law atkins Mr pollexfen bring his bill against the representative  of the real and personal estate of more and Kemp to be pay the remainder of  the purchase money mrs more the sister and legatee of Thomas more bring her  cross bill and pray that if the remainder of the purchase money shall be pay  to Mr pollexfen out of the personal estate of more and Kemp that she may stand  in his place and be consider as have a lie upon the purchase estate for her  legacy of eight hundred pound note pollexfen in his answer to the cross bill  say that he do not recollect that any formal possession be ever deliver to  more and though it be agree that more shall have the possession from the time  of the contract yet upon more be request he pollexfen have let and repair the  premise and have receive the profit upon more be account Lord chancellor the  vendor of this estate have to be sure a lie upon the estate he sell for the  remainder of the purchase money for from the time of the agreement Thomas more  be a trustee as to the money for the vendor vide chapman v tanner vern green v  smith atk walker v Preswick Ves Fordiff v Scrugham cite Amb Fawell v Heelis  ibidem Blackburn v Gregson bro Charles Rep cator v Pembroke bro Charles Rep  but this equity will not extend to a three person but be only confine to the  vendor and vendee and if the vendor shall exhaust the personal asset of more  and Kemp the defendant will not be entitle to stand in his place and to come  upon the purchase estate in the possession of Kemp heir but then the heir of  Kemp shall not avail himself of the injustice of his father who have waste the  asset of more which shall have be apply in pay the defendant legacy his  lordship direct the master to take a account of what the plaintiff have  receive on account of his purchase money and of the rend and profit of the say  estate receive by he since lady day and to compute interest on the residue of  the purchase money due at lady day and what shall appear to have be receive of  the say purchase money and of the rend and profit of the say estate to be  apply in the first place in sink the interest and then the principal of the  say purchase money and his lordship declare that the residue of the say  purchase money and the interest thereof ought in the first place to be pay out  of the personal it estate of the say Thomas more his lordship then direct a  account to be take of the personal estate of Thomas more come to the hand of  Kemp mary more and Lord orrery and that what of more be personal estate shall  appear to have come to the hand of Kemp shall be answer out of his personal  estate in a course of administration and in case it shall appear that more do  not leave asset to pay what shall be so due for the residue of the purchase  money and all his other debt legacy and funeral expense or if such personal  estate of more be not now sufficient to pay the same by reason that the asset  of Kemp be not sufficient to answer such part thereof as come to his hand his  lordship declare that such deficiency ought to be make good out of the  purchase estate be lib b fol therefore the estate which have descend from John  Kemp the executor of more upon boil Kemp come to he liable to the same equity  as it will have be against the father who have misapply the personal estate  and in order to relieve mrs more I will direct pollexfen to take his  satisfaction upon the purchase estate because he have a equitable lie both  upon the real and personal estate and will leave this last fund open that mrs  more who can at most be consider only as a simple contract creditor may have a  chance of be pay out of the personal asset atkins er p