Opinion
May, 1905.
Decree modified in accordance with the holding of this court, and as modified affirmed, with costs. Held, that the agreement of June 29, 1885, bound the representatives of Henry Taylor, deceased; that a sale of forty acres to pay debts will be a sale for the use of the said Henry Taylor's representatives, and upon such sale Dwight A. Taylor is entitled to the payment of the sum of $849.69; that upon such sale said sum of $849.69 is an equitable lien upon said forty acres and should have priority of payment over all other claims. The form of the order to be settled by and before Mr. Justice Williams on two days' notice. All concurred, except McLennan, P.J., and Hiscock, J., who voted for affirmance of the decree with out modification.