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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 689   View pdf image (33K)
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690 INDEX.

BOND.
The assignee of a bond takes it subject to
all equity with or without notice.
Estep v. Watkins, 490.
An assignment of a bond, given to secure
the payment of the purchase money,
does not carry with it the vendor's equi-
table lien. Iglehart v. Armiger, 523.

CAVEAT.
The mode of proceeding by caveat to pre-
vent the emanation of a patent for land
in Maryland similar to that of Eng-
land. Cunningham v. Browning, 301,
322.
On hearing a caveat the chancellor sits as
a court of common law, 304.
A caveat is a petition or suggestion that
the great seal should not be put to a
patent grant as prayed, 304.
Proceedings in the land office other than
those under a caveat, 314.
The form and course of proceeding on a
caveat before the chancellor of Mary-
land, 315, 319, 320.
The grounds upon which a caveat may be
entered, 316; Ridgely v. Johnson, 316;
Aisquith v. Godman, 317; Hammond v.
Godman, 318.
Instances of caveat other than that to pre-
vent the emanation of a patent for land.
Cunningham v. Browning, 324.
If the cause of caveat be doubtful it is the
regular course to overrule it, and let a
patent issue so as to give the parties an
opportunity of having the matter de-
termined by a formal proceeding at law
or in equity. Ridgely v. Johnson, 816.

' CONSTITUTION.

An affidavit made in another State to an
answer to a bill in this court is not a
judicial proceeding of another State
within the meaning of the constitution
of the United States. Gibson v. Til-
ton, 352.
The facility with which the constitution
may be amended gives to the General
Assembly an almost unlimited power.
Chancellor's case, 605.
Under the colonial constitution the judi-
cial department badly organized, 607.
The history of judicial independency in
England and in this country, 607, 615.
A consideration of the article of the De-
claration of Rights relative to judicial
independency, 618.
The mode of appointing and constituting
a chancellor, 623.
The organization of the judicial depart-
ment alter the formation of the consti-
tution, 628.
The causes which prevented the legisla-
ture from securing to the chancellor
and judges their salaries immediately
after the constitution went into opera-
tion, 645,

It is in the power of the House of Dele-
gates alone to prevent the payment of
any debt due from the State, 667.

CONVERSION.
Real or personal property taken and sold
under a fieri facias is thereby con-
verted into money; and the realty is
thus converted into personalty. Jones
v. Jones, 450.
Real estate may be converted into per-
sonalty at law by a sale under the act
to direct descents, 453, 460.
In equity the mode in which the judicial
proceeding effects the conversion is dif-
ferent, 454.
Although the sale of a real estate to effect
a division converts it into personalty,
yet that should not prejudice the rights
of any one, much less those of a feme
covert, 455; Wells v. Roloson, 456.
Can real estate be constitutionally con-
verted into personalty to the prejudice
of any one without Ms consent ? 457.

COSTS.

Postage, notarial seals, &c. cannot be tax-
ed as costs. McMechen v. Story, 186.
On the bill's being dismissed by the plain-
tiff, the costs on being taxed by the
register may be ordered to be paid, or
cause shewn. Diffenderffer v. Hillen,
191.
On a bill for dower, if the heir throws no
difficulty in the way, the widow has no
costs. - H. K. Chase's case, 231.
There may be a revivor of a decree for
costs. C. D. Owings' case, 409.
In partition the costs are borne equally or
in proportion to the shares of each.
Hughes' case, 50; Corse v. Polk, 234.
The auditor's fees are a part of the costs,
and may be recovered as such. Dorsey
v. Hammond, 467.
The origin, nature, and extent of the rule
which may be laid on a plaintiff to give
security for costs. Mayer v. Tyson,
561.

COURT OF CHANCERY.
This court is in its institution and forms
of procedure absolutely civil; yet if re-
lief be asked on the ground of fraud
against an instrument, it may be shown
to be a forgery. Fornshill v. Murray,
484.
The court of chancery of Maryland de-
rived from and similar to that of Eng-
land. Cunningham v. Browning, 301;
Chancellor's case, 648.
This is not a term court in the sense of
the common law, although it has its
regular terms and sittings. Burch v.
Scott, 126; Chancellor's case, 678.
The difference between the duties of
courts of common law and courts of
equity. Chancellor's case, ib.



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 689   View pdf image (33K)
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