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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 691   View pdf image (33K)
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INDEX, 691

claims not objected to. Watkins v.

An appeal bond, on the decree being

Worthington, 515.

affirmed, becomes thereby an additional

BANKS.

security for the debt. Andrews ».
Scotton, 669.

That clause in the charter of the Far-

 

mers' Bank of Maryland, which de-

CANAL.

clares, that debts due by a stockholder

Water gushing from the sides of a canal,

must be paid before a tiansler, gives

because of its improper structure, no

to the bank a mortgage or pledge.
The Farmers' Bank of Maryland's

evidence of its surplus water. Bin-
ney's eaie, 138.

case, 394.

Canal stock considered as real estate,

The mortgagee of bank stock, may sell

and although declared to be person-

without suit, 397.

alty, must be governed by the law of

A decree that such stock be sold, and

the state, like the land on which it is

that it be transferred by the trustee to

founded, 146.

the purchaser, 398.

The termination of a canal, to be ascer-

 

tained by reference to its nature and

BASTARDS.

object, 155.

Although as to their property, bastards
have no relations who can take by de-

Canal navigation, as distingnished from
improved river navigation, 158.

scent or distribution; yet, for moral

The different kinds of canals in reference

purposes, their consanguine relations

to their objects, 159.

are regarded. Helms v. Franciscus,

Canals intended to contribute to the ma-

582.

rine commerce of the nation, must ter-

Bastards may inherit, or take as heirs or

minate in a port, 162, 165.

next of kin from their mother, 582.

 

A man cannot be bastardized after the

CAPACITY.

death of his parents, so as to deprive
him of his then legitimate capacity.

Where the legal capacities of parties as
charged, are different, such capacities

Campbell's case, 236.

must be considered as if they were dif-

BILL.

ferent persons. Binney's case, 108;

 

Tilly v. Tilly, 445.

A plaintiff must state in his bill, such
facts as are necessary to entitle him to

The several kinds of personal incapacity
to contract. Corrie's case, 490.

relief; and also shew why he may ask

 

that relief of a court of equity. Town-

CAVEAT.

shend v. Duncan, 45.

In caveat cases, there being no appeal.

Where an infant takes as devisee, it is

it is usual, where there is a reasonable

not necessary to alledge in the bill that
he received the rents and profits, in

1 doubt, to let the patent go, so as thereby
in effect, to give the benefit of an ap-

order to charge him; because it is the
duty of his guardian to take care of his
estate, 45.

peal. The Rail Road v. Hoye, 263.
COMMISSIONS.

Several infants may join in the same bill

The commissions allowed to a trustee,

for an account of the rents and profits

not to be lessened on account of that

of their estate. Woodward v. Chap-

for which he had been charged with

man, 68.

compound interest, Winder v. Diffen-

The bill assumes two propositions; first,
that the subject is within the jurisdic-

derffer, 207.
As the commissions allowed to an execu-

tion of the court; and second, that all

tor or administrator, are intended to

parties entitled to relief, or against

cover expenses, he cannot be allowed

whom it may be granted, are before

full commissions, and a fee to lawyers

the court; a defect in these particulars

also. Tyson v. Hollingsworth, 332.

may be shewn at any time. Binney's
case, 104.

A proportion of interest given on the
commissions allowed to the trustee who

BOND.

made the sale, 333; Brown v. Wallace,

590, 591

Bonds taken by a. trustee under a decree,
may be ordered to be assigned to those
who are entitled to so much of the pro-
ceeds. Exparte Boone, 321; McMul-

Commissions allowed by the Orphans
Court, in cases properly before it, can-
not be reversed by this court. Jones
v. Stockett, 416.

lin v. Burris, 357.
A bond taken by a creditor of an heir,
will not operate as a relinquishment of
such creditor's preference, as against

Commissions adjusted and allowed, aa
between a former and a present trus-
tee. Andrews v. Scotton, 672.

the estate descended. Hindman v.

CONSTITUTION.

Clayton, 342.

The sovereignty being in the people, our



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 2, Page 691   View pdf image (33K)
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