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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 679   View pdf image (33K)
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INDEX. 679
the plaintiff has a legal capacity to sue,
cident to the bend, with which it has
143,
been blended. Ridgely v. Iglehart,
The disclosures called for by the bill can
547.
only be such as are pertinent and ma-

terial to the plaintiff's case, 144.
BOUNDARY TREES.
The nature of a bill of discovery. Price
The number of concentric layers formed
v. Tyson, 397.
On a bill for delivery or sale, and an ac-
outside of the chop -mark of a boundary
tree, adduced to shew when the mark
count, the decree for the plaintiff should
was made; not to be relied on. Patter-
direct a delivery or sale, and then an
son v. McCausland, 69, 94.
account up to that time. Neale v.
A man may have an estate of inheritance
Hagthrop, 601.
in land so long as a tree shall grow,
Statements in a bill or answer as to agree-
72.
ments with persons not parties to the
The oak is said to live more than a thou-
suit, the nature and validity of which
sand years; but the average term of
agreements are not drawn in question,
life of most forest trees seetns to be in-
may be rejected as mere surplusage,
definite, 69.
566.
The difference between exogenous and
Where, on a bill filed against a corpora-
endogenous plants, 76.
tion, it is shewn or admitted to be in a
The concentric layers of wood in the
condition of absolute insolvency, it may
trunk of an exogenous tree, it has been
be thenceforward treated as a creditor's
said, are annuarforinations which shew
bill. -The Cape Sable Company's
its age, 69.
case, 626, 655.
But this hypothesis not having been

shewn to be a regular course of nature,
BOND.
the number of such layers cannot be
Where the purchase of land is the alleged
received as evidence of any lapse time,
consideration of several bonds, the con-
94.
tract is so entire, that if the considera-
CANAL.
tion be shewn to be insufficient by any
one defendant, such defence will enure
to the benefit of all the others, even as
against whom the bill might otherwise
have been taken pro confesso. Walsh
v. Smyth, 16.
But where there is a ground of relief
available by all the plaintiffs obligors,
A canal required to be kept in repair for
the use of the public deemed a high-
way, and the acts of Assembly in re-
lation to it, public laws of which the
court must take notice. Bosley », The
Susquehanna Canal, 65.
A right of way is nothing more than a
special and limited right of use; all
any of them may waive the benefit of
it without affecting the others, 25.
else belongs to the fee simple owner, 67.
The usual provision in canal and road
Where the heir, beinsj bound by bond in
acts for the condemnation of private
respect of assets descended, pays the
debt, he may be reimbursed out of the
personal estate. Tessier v. Wyse,
41.
property, held to be a substitute for
the writ of ad quod damnum. Compton
v. The Susquehanna Rail Road, 389.
A bond creditor, the heir being bound,
CONFISCATION.
may at his election sue either the heir
or executor at law, even although
there may be a sufficiency of personal-
The nature and principles of the revolu-
tionary confiscation acts considered and
applied. Hepburn's case, 114.
ty, 40.
On a sale under a decree, the bonds taken
for the purchase money may be as-
signed in satisfaction to those entitled
to the proceeds of the sale. Kilty v.
Quynn,213.
The debts of a debtor were formerly, as
a matter of grace, always paid out of
his forfeited or escheated estate,118.
The confiscation acts gave to the credi-
tors of alien enemies remedies as ef-
Where a man by writing under seal,
binds himself and his heirs for the
fectual as those taken away; and re-
moved no property beyond the reach
payment of money, his real estate in
of such creditors, 116.
the hands of his heir is liable at com-
CONSTITUTION.
mon law to be taken in execution.

Coombs v. Jordan, 901.
The distinction between simple contract
AH our governments are mere delegations
of power for the benefit of a sovereign
and specialty debts. Post v. Mackall,
520.
The lien given by the act to direct de-
people. Hepburn's case, 96.
No unlimited discretionary power can be
conferred on the judiciary by the legis-
scents, repudiates every thing like an
lature, 97.
equitable lien, and can only be enforced
By virtue of the power of eminent domain
at common law, as a statutory lien in-
private property may be taken for a


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 679   View pdf image (33K)
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