| NOV. 1795.
CHAP. 88. |
APPENDIX——CHANCERY LAWS.
virtue of this act, his or her heir or heirs, devisee or representative,
shall appear in the chancery court at any time within eighteen
calendar months from the date of the decree, and require a review
of the same, the chancellor, upon a bill filed by such person, his
heir or heirs, devisee or representative, shall proceed to an examination
of the matters in dispute, and to a final decree, in the same
manner as if the said person had originally appeared before him. |
And on application
decree a sale,
&c. |
2. AND BE IT ENACTED, That the chancellor
shall have power
and authority, on application already made, or hereafter to be
made, by bill or petition, and after summoning and hearing the
person or persons proper to be made defendant or defendants, or
after such proceedings against him, her or them, as would entitle
the complainant or complainants to a decree in other cases, to decree
the sale of any equitable title or claim to land, in any case in
which he might on application decree the sale of a legal complete
title, and the purchaser or purchasers of such equitable title from
a trustee or trustees, to be appointed in the same manner, and on
the same terms, as other trustees for sale of land are appointed,
shall, in consequence of such purchase, and a conveyance to be
made by the said trustee or trustees, stand in the place of the person
or persons in whom was the said equitable title at the time of
the decree, and shall be entitled to such remedy against any party
or parties as the said person or persons might have had. |
Creditor may pray
a subpœna, &c. |
3. AND BE IT ENACTED, That any creditor or
creditors, who
have made or shall make application to the chancellor by bill or
petition, for the sale of any land which hath descended or been devised
to an infant or infants, for the payment of the debts of the
ancestor or devisor, who had only an equitable interest or title in
the said land, may pray and obtain a subpœna against the person
or persons having the legal title to the said land, in case such person
or persons be resident of the state, or give such notice of the
bull or petition as the chancellor shall direct, in case such person
or persons be not resident of the state; and on summoning and
hearing of all parties concerned, or on such proceedings against
the defendant as are proper to entitle the complainant or complainants
to a decree in other cases, the chancellor shall have power
to decree, as shall appear to him just to all parties; and if it shall
appear to him, that no money is due for the land from the person
or persons who had the equitable claim or title aforesaid to the
person or persons having the legal title, he shall decree a sale of
the whole interest, estate and title, of all parties to the land aforesaid,
and direct the money arising from the sale to be applied to
the discharge of the just debts of the ancestor or devisor aforesaid;
but if it shall appear to the chancellor, that the person or
persons having the legal title, have not been paid the whole money
contracted to be paid to him, her or them, the chancellor shall not
decree a sale of more than the equitable title aforesaid, without the
consent of the party or parties having the legal title, or without
providing that the debt for the land shall be wholly paid. |
With consent, a
commission may
issue, &c. |
4. AND BE IT ENACTED, That hereafter, with
the consent of
both parties to any cause in the court of chancery, a commission
for taking depositions may issue to one person, instead of four persons,
now required by law, or by the usage and practice of chancery,
and that any one person to whom such commission shall be directed, |
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