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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 689   View pdf image (33K)
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INDEX.

ABATEMENT.
A creditor's suit by and against legatees
and devisees, abates by the death of

A marriage originally valid between then
living parties, although a contract, can
only be annulled by the general assem-

one of the plaintiffs, who leaves others
t© take his interest. Hammond v.

bly, 235.
An act giving authority to mortgage the

Hammond, 310.

real estate of a deceased person for

A petition by some of several infants
against others, to have land sold for
their benefit, does not abate by the
death of one of them. Tilly v. Tilly,
440.

the payment of his debts, may bind his
heirs or devisees who applied for it
but cannot affect the rights of his cre-
ditors, 237.
The acts in relation to proceedings against

ACCOUNT

non-resident, absconding, or contuma-

 

cious defendants, considered. Buck-

A decree to account with special direc-

ingham v. Peddicord, 447.

tions. Cox Y. Callahan, 51; Ham-

 

mond v. Hammond, 309.

ALIMONY.

A commission to state accounts, ordered

The nature of alimony, and the cases

with special directions. Sloss v. McIl-

in which it will be allowed. Helms

vane, 73.

v. Franciscus, 565; Macnamara's case,

Decree that tenants in common of a ferry,

566; Lynthecumb's case, 568; Scott's

account for its profits. Norwood v.

case, 568; Govane's case, 570.

Norwood, 477.

ANSWER.

ACTS OF ASSEMBLY.

The exceptions to an answer heard and

No evidence can be admitted to explain

sustained by the Chancellor, and the

the meaning of an act of the legisla-

defendant ordered to put in a better

ture. Binney's case, 150, 152.

answer. Parker v. Mackall, 63.

Private acts regarded as contracts bind-

A writing which purports to be the

ing on the parties who apply for them,

answer of several, but is not sworn to

151.

by all of them, may be taken off the

As to private acts, some evidence may,

file; or considered as the answer of

under some circumstances, be admit-

him only, who has sworn to it. Bin-

ted as to their construction, 151, and

ney's case, 109.

note.

A defendant may sufficiently answer by

The meaning of an act of assembly may
be illustrated by reference to the sub-

adopting the answer of his co-defen-
dant, 110.

ject spoken of, 154.

Upon an answer of an infant or lunatic,

A private act, giving the Chancellor au-

in a creditor's suit; admitting or not

thority to act, executed on an ex parte

denying the facts stated in the bill, a

petition. Campbell's case, 215.

decree for a sale may be at once ob-

Private acts, the mode of obtaining them,

tained. Campbell's case, 225; Ham-

their nature, and the cases to which

mond v. Hammond, 352; Chamberlain

they may be applied, 226, 234, 237.

v. Brown, 221; Boucher v. Bradford,

A private act considered as a conveyance

222.

binding only on the parties to it; and

An answer to the same facts over-rules

may be set aside on the ground of fraud,
229, 233.

the plea. -The Bank v. Dugan, 257.
If the plaintiff sets the case for hearing

No fact can be assumed by the legislature

on bill and answer, or moves thereon

to the prejudice of the rights of an
individual, 229. Waring v. Waring,

for an order to bring money into court,
he admits all the facts set forth in the

676.

answer. Contee v. Dawson, 267.

An aet of assembly may be declared void,

The answer of a non-resident defendant

on the ground of its absurdity, apart

is a judicial record of this state, and

from any constitutional objection.

must be authenticated as such, accord-

Campbell's case, 231.

ingly, 282.



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 689   View pdf image (33K)
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