652 INDEX.—1 BLAND.
DEBTOR AND CREDITOR.—Continued.
case thenceforth considered and treated as a creditor's suit. Fen-
wick v. Laughlin, 447.
34. An assignment or bequest of a debt carries with it all the securities.
Iglehart v. Armiger, 488.
35. A conveyance, shewn to be fraudulent, declared to be void as against
creditors. Duvall v. Waters, 534.
See LIEN, 1.
PARTITION, 1.
PARTNERSHIP, 2.
DECREE.
1. There can be no final decree until all the defendants have answered,
or the case is in a situation to have the bill taken pro confesso.
against those defendants who have not answered. Hoye v. Penn, 23.
2. Where a party admitted, that be had obtained a decree by default for
more than was due: and did not allege, that he had since lost any of
his testimony: and it appeared that the defendant had negligently
omitted during a space of about five months to put in his answer;
but averred by bill on oath, that he had a good and available defence
on the merits; the decree was Bet aside, and the defendant let in to
answer on payment of costs. Burch v. Scott, 103.
3. All orders and decrees in Chancery may be altered, revised, or re-
voked during the term at which they have been passed, on motion
or petition; but after the term, the party can only ohtain relief by
original bill or bill of review. Ib.
4. Relief against a decree obtained by fraud can only be obtained by
original bill, not by a mere bill of review. Ib.
5. A decretal order, in England, is most commonly that which is drawn
up as the substance of, and as preparatory to a final decree; and it
may in some respects be enforced as a final decree. Here no such
decretal order is ever made. 76.
6. A bill of review lies after the decree is signed and enrolled, and it is
considered as enrolled after it is signed by the Chancellor and filed
by the Register. 76.
7. Restrictive orders staying the Court's own decrees treated as injunc-
tions. Ib.
8. A hill of review, or the like, does not of itself operate as a suspension
of the execution of the decree complained of. Ib.
9. There are various kinds of decrees other than those which operate
directly in favor of the plaintiff and against the defendant; and
when the whole of a complicated ease has been brought before the
Court, such a decree may be passed as is best suited to its peculiar
nature. Colegate D. Owings' Case, 345.
10. If the conveyance of an estate be necessary, and the party required
to make it be incompetent to contract, a trustee may be appointed to
execute the conveyance in his name. Ib.
11. Where a decree has been passed affecting both real and personal es-
tate, and the case abates by the death of either party, for the purpose
of having the decree entirely executed, it must be revived by or
against the heir, as well as the personal representative of the de-
ceased; but it may be partially revived by or against either of them.
Ib.
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