CHANCERY |
INDEX TO THE LAWS.
Upon the assent of the tenant for life for the sale
thereof, the chancellor, &c. to adjudge the annual
interest,
or such part thereof as they may deem equitable,
to be paid to such tenant during his life,
Provisions concerning the recording
of decrees, &c.
left unrecorded, and concerning such records in future,
and the chancellor's duties thereon,
See Records.
In cases of petitions against a
party or parties non
residents, the court may direct notice by advertisement
in the public papers, or otherwise, warning them to
appear at least three months thereafter, when the case
may be heard,
On petition of a guardian or prochein
ami, for the
sale of the real estate of any infant, the court required
to issue a commission in order to have the value of the
land, &c. ascertained,
The said commissioners to determine whether a
sale would be advantageous to the infant, and to report
the same to the court, with their reasons,
The report not to be conclusive on the court, but
they may examine witnesses, &c. and a decree for
sale
to be made only where it would be for the interest of
the infant,
An oath to be taken by the commissioners,
Appeals from orders of the chancery
court, or county
courts as courts of equity, to be confined to decretal
orders,
The provisions of the act of 1785,
ch. 72, &c. as to
sales of real estates, extended to defendants of full
age,
The provisions of the 15th section
of the act of 1785,
ch. 72, (as to the allowance to commissioners,) extended
to the clerks employed,
Not necessary to make a demand to
entitle the party
obtaining a decree to process thereon,
Where a power is given to take bills
pro confesso, &c.
a decision may be made against the absent defendants,
on the testimony taken between the parties,
The provisions of 1797, ch. 43, as
to sheriffs, extended
to the court of chancery, &c.
The provisions of the act of 1816,
ch. 154, for the
sale of infants estates, to be extended to equitable
titles
to real estates,
A sale of the real estate may be decreed
in the discretion
of the court, in order to save the personal, with
the consent of all parties of full age, and the actual
guardian of minors,
On sales by executors under a supposed
authority
from a will, a discretionary power given to confirm
such sales, on hearing, or where bills may be taken
pro confesso,
Widows shall be entitled to dower
in lands held by
equitable title in the husband, unless devised by a will
before this act,
Such right not to operate to the prejudice of any
claim for the purchase money or other lien,
Tenants by the curtesy entitled for
life to lands held
by equitable title, with the same exceptions as to liens,
The provisions of the 5th section
of the act of 1797,
ch. 114, concerning partition, extended to cases where
all the persons reside out of the state,
In case of lands descending to minors
residing out of
the state, on a bill filed by the prochein ami the
court
may issue a commission to three persons in the state
where the infant resides, to appoint a guardian to answer
&c. on which proceedings shall be had,
The court empowered to decree a sale thereon, if
for the advantage of the infants, and may order or not
a commission to take depositions, |
Session. Ch. S.
1816 154
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1817 119
1818 133
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