Swan vs. Benson, adm'r. Johnson, was part of the consideration in their purchase, and was at the time a lien on the land. There is no room for the presumption that Johnson, in taking the obligations of the defendants, intended to waive his lien, because they were not given as an additional security for James' debt, but in substitution for it; and if it was inequitable for James to have the land without paying for it, it seems to us to be equally so for the defendant. The release set up by the appellant, was not averred to have been made upon any consideration; nor even to have been in writing. "In a plea of release," says Story, "the defendant must set out the consideration upon which the release was made." Sto. Eq. Plead., sec 797; 1 Dan. Ch. Prac., 669. A consideration is an essential part of every contract. A release formerly, before private seals were abolished, must have been under seal; and, as a matter of course, must be in writing. The demurrer to the appellant's answer was properly sustained; and there is no error in the decree, Decree affirmed. Page 387, Note 1, 1st line. Substitute "equitable" for "exuita Page 392, Note 1, 1st line. Page 626, Note 1, 3d line. Page 638, Note 1, 3d line. ble." Substitute "his" for "this." Substitute "bears" for "leaves." Substitute "acts" for "acting." INDEX. ABATEMENT. See PRACTICE, 1. TAXATION, 8. TENDER. ACCORD AND SATISFACTION. An answer, in bar of an action of debt on a bond, that the defendant effected 476 To constitute an account cognizable in equity, there must be mutual items 345 ACKNOWLEDGMENT. See DEED, 3. ACTION, RIGHT OF. 1. Where promise to one for benefit of another. A party for whose benefit a promise is made to another may maintain an 2. Right of action in bailee. 155 A landlord to whom a tenant delivers cotton as security for the payment of 3. On promise to third party. Id. It is well settled that where a promise is made to one person for the benefit 411 4. By assignor in proceeding to enforce a lien, etc. Where a note, which is a lien on property, is assigned as collateral security 5. Assignee of a note acquires. 597 The assignee of a note acquires the exclusive right of action therein. Id. The distributees of an estate, or their assignee, cannot maintain an action 723 ADMINISTRATION. See DONATION, 3. EXECUTION, 1. PARTIES, 4. PROBATE COURT, 1-2-3. REM- 1. Proceedings for sale of real estate, etc. The proceedings prescribed in sec. 168, Gantt's Digest, for the sale of real 74 2. LIEN: Not displaced by the debtor's death. 3. Who may administer, etc. 392 Any competent resident of this State, preferring those who have an interest 4. Proceeding to subject property to debts, etc. A creditor of an estate cannot proceed to remove incumbrances from the |