Page:Federal Reporter, 1st Series, Volume 2.djvu/79

 72 FEDERAL REPORTER. �Other portions of the real estate were allotted to other oî the heirs at agreed values, the valuation of ail the purparta amounting to $11,268,25. After reciting the valuation and allotments, the partition agreement contains the foUowing clause : �"Out of this, one-third remains in the land; interest, an- nually, to be paid to Elizabeth, the widow, and principal to be paid to the heirs of deceased, at her death — $3,756.08." �The partition agreement also contains the foUowing clauses : �"The heirs also agree to execute deeds to Henry H. Null, Andrew J. Null, Francis M. Null and William Buff, for the purparts taken by them." • * * �• «*»•»« �• * * "H. H. Null, Andrew J. Null, F. M. Null and William Euff to give mortgages to the other heirs for the one-third which remains in the land, which is to be paid on the death of the widow ; the interest on same to be paid annu- ally to said widow during her life." �On the day of the date of the partition agreement, Septem- ber 11, 1849, the other heirs executed to H. H. Null a deed for his said purpart, but it seems he never executed the mortgage as required by the agreement. The deed to H. H. Null, which was reeorded November 3, 1865, contains this recital : "Being the mansion farm of the late Henry Null, deceased, who died seized thereof ; and in the partition of the real estate of said deceased to and among his heirs, the trust was agreed to be taken at a priee tixed upon by ail the parties hereto, by Henry H. Null, whose title to the same is hereby confirmed and assured.to the same." �Elizabeth, the widow of Henry Null, died before the com- mencement of the proceedings in bankruptcy in this case, viz., on January 9, 1873. �Such being the facts of the case, was the register right in his appropriation in favor of the heirs of Henry Null, de- ceased? �It is indisputably settled that a lien upon real estate may be created by an instrument under seal, duly reeorded. Dex- ter's Appeal, 81 Pa. St. E. 403. Here, beyond ail question, ����