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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 686   View pdf image (33K)
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INDEX.

ACCOUNT.
ON a proper bill to account, in a case
where there are mutual dealings, after
a decree to account, both parties are
actors; and, as the balance is shown,
there may be a decree against either.
Colegate D. Owings' case, 404; More-
ton v. Harrison, 499.

ACTS OF ASSEMBLY.
Where a mode of proceeding is prescribed
by an act of Assembly, it must be pur-
sued so far as it goes; and may, if prac-
ticable, be followed out according to
the course of the court to which* the ap-
plication is made: but if it cannot be
so executed, such court has no jurisdic-
tion; and if it cannot be so executed
by any other court, then ft must remain
inoperative. Hughes* case, 46.
On a bill to obtain a legal title according
to a bond of conveyance, the defendant
was ordered to procure the passage of
an act of Assembly to confirm the con-
veyance. Rawlings v. Carroll, 75.
An act of Assembly cannot be disregarded
or considered as having been virtually
repealed because of long disuse. Snow-
den v. Snowden, 555.
The causes and inconvenience of tempo-
rary acts of Assembly. Chancellor's
case, 646.
An act which gives a judicial salary, re-
mains in force during the continuance
of the commission of the then chancel-
lor and judges, although the act itself be
limited to a shorter duration. Ib. 663.
Where a latter act, which is limited in its
duration, virtually repeals a prior act,
such prior act does not revive after the
latter act is spent. Ib. 664.
A constructive revival cannot operate on
any part of an act which has been
expressly altered. Id. ib.

AFFIDAVIT.
It is enough that an affidavit to an answer
is so positive, that, if false, the party
may be prosecuted for perjury. Coale
v. Chase, 137.

AGREEMENT.
A agrees to pay B $6000 on a specified
day, on B's executing an assignment to
C, and delivering it to A. Held, that
if A waives the right to have the writing
delivered to himself, or fails to insist
upon it as a condition precedent, he
thereby at once becomes the debtor of
B. Chase v. Manhardt. 339,

D agreed to pay C for certain lands in
choses in action, for the eventual suf-
ficiency of which D was to be responsi-
ble. Held, he was to warrant, that with
due diligence by C, their net proceeds
should produce the whole amount of the
purchase money. Dorsey v. Campbell,
357; Hoffman v. Johnson, 166. And,
that D might, within a reasonable time,
assign to C choses in action for that
purpose; but that D, by bringing suit,
had waived the privilege of making any
further assignments, 358.
The mother of C. D. O. promised her hus-
band, a short time before his death, that
she would give all her property to their
daughter C. D. O.; in consequence of
which he made his will, leaving C. D. O.
a family Bible and a spinning-wheel as
a token of his affection, it being his
desire and expectation, that her mother
would provide for her, she having it
fully in her power to do so. Held, that
the mother was bound to give C. D. O.
an estate of inheritance in her property,
to take effect on her death. Colegate
13. Owings' case, 397, 402.
Such a promise or agreement is not within
the statute of frauds, 402.

ALIMONY.

Cruel and violent treatment a sufficient
ground for awarding to the wife alimony
according to the circumstances of the
husband. Hewitt v. Hewitt, 101; Codd
v. Codd, ib.
The payment as it fells due may be en-
forced on petition by an order nisi and
a fieri facias, 102.
A sum ordered to be paid monthly by the
husband to the wife pending the suit for
alimony. Sarah Wright's case, 101.

ANSWER.
A defendant may on motion obtain fur-
ther time to answer. Carroll v. Parran,
125.
The allegations in the body of the answer
should be positive. Coale v. Chase, 137.
The answer of an administrator must al-
ways be taken with a view to the reasons
for his belief. Tong v. Oliver, 199.
If an executor or administrator answers to
the extent of Ms belief, in relation to
facto evidently not within his own know-
ledge, it may be a sufficient denial to
have an injunction dissolved. Coale v.
Chase, 137.
It is enough that an affidavit to an answer
in so positive, that if false the party may



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 686   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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