1 Blackf. 287 | Ind. | 1823
Conner sold to Bottorf a tract of land; and the purchase-money remaining unpaid, Conner, without resorting to a Court of law for the recovery of his debt, brought his bill in equity to have the benefit of his lien on the land. The defendant demurred to the relief prayed for, because the complainant had not shown in his bill that he had no adequate remedy at law. The Court overruled the demurrer, and gave a final decree for the compMnant according to the prayer of his bill.
This was wrong. When the demurrer was overruled, the defendant ought to have been permitted to answer: and the Couri
The decree is reversed, with costs*
Ante, p. 246.