The levying creditor's conveyance of the land with warranty was competent and sufficient evidence of his acceptance of seizin.
The defendant was in equity entitled to a conveyance upon the performance of his part of the contract. He owned an interest in the land. P. S., c. 233, s. 19; Edgerly v. Sanborn,
But the defendant's remedy for a denial of his right is in equity. A full performance of the conditions of the bond before the levy or attachment would, in the absence of fraud, afford him no defence to the present action. Ela v. Pennock,
Exceptions overruled.
CLARK, J., did not sit: the others concurred. *Page 98