The.facts of this case bring before us for examination, the following questions, 1st. was it competent for the complainants to exhibit their bill for a specific performance against the defendant, George Morgan; 2d, could the judgment creditors of Morgan, be compelled to litigate with the complainants, their right to have •the lots in question sold, for the satisfaction of their judgments? 3d. have the judgment creditors acquired a lien upon the lots, paramount to the equitable title of the complainants!
1st. The right of the complainants to exhibit their bill for a specific performance against the defendant, George Morgan, was not denied by the defendant; it may therefore be sufficient to remark, that it is the appropriate office of chancery, to enforce the specific performance of agreements for the sale of land. The doctrine upon this subject is extensively considered in Maddock’s Chancery, 288, et post, 'and in the appendix to Reeves’ Domestic Relations, 379, where he treats of the powers of chancery. 2nd. The prevention of litigation under some circumstances, forms a subject for chancery jurisdiction. Where a person has a right, which various persons may controvert in different actions, to prevent multiciplicity of suits, equity will lend its aid, and direct an issue to try the right. Let us inquire if the facts of this cause do not bring it within the operation of this rule. It is alleged in the bill that there are several lots levied on, as the property of the,
It is no objection in such case, to the interference of chancery, that the complainant has not established at law, the right which the bill seeks to quiet; if the parties who controvert it arc so numerous, as to render an issue indispensable, to save multiplicity of suits, chancery will entertain a bill.b In the case before the Court, we incline the less favorably to an objection, that the complainants were premature in seeking to coerce the defendants to litigate their- rights, to subject the lots in question to their judgments, because from the shewing made, the complainants could not defend their title at law, and would evidently be compelled to resort to chancery to make it available; and hence it cannot be important in point of law, whether the complainants be now permitted to assert their equitable' title, against the judgment creditors of the defendant, Morgan, or wait until actions shall be brought against them, to recover the possession of the property by the purchasers, under their executions. It is not conceived to be necessary in bills of peace, that there should appear to be any privity or connexion between the defendants. There are cases where bills of peace have been brought, though there has been a general right claimed by the plaintiffs, an<^ ye^ 110 Privity between the plaintiffs and defendants, nor any general right on the part of the defendants.c
3d. It may now be considered as settled beyond dispute, that the equitable title shall prevail against the creditors and purchasers of him who has a naked legal title. In Finch v. Earl of Winchelsea,d it was decided that if an individual agrees to purchase an estate, and pays the purchase money, his equity is paramount to that of one who becomes a judgment creditor of the vendor, after the agreement and before the title is consummated. To the same effect is the case of Campbell, et al. v. Mosely.e
Reversed and remanded.
a.
2 Atk. 483, and 1 Har. C 106.
b.
2 J. Ch. R. 281.
c.
1 Mad. Ch. 138.
d.
1 P. Wms. 278.
e.
Littell’s sel. *cases 358,
a.
Ante 233.