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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 653   View pdf image (33K)
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INDEX.—1 BLAND. 653

DECREE —Continued.

12. Every decree stands for what it purports to be until regularly revised
or reversed. Estep v. Watkins, 459.

13. The assent of parties cannot authorize the passing of a decree for
which the case set forth in the bill affords no sufficient foundation.
Iglehart v. Armiger, 488.
See LIEN, 9.

DEED.

See DEBTOR AND CREDITOR, 6, 7, 34.
NON COMPOS MENTIS, 6.

DESCENT AND DISTRIBUTION.

A distributee can be allowed nothing until all sums for which he is liable
as principal or surety have been paid; and his assignee takes subject
to all equities to which he is liable. Mullikin v. Mullikin. 505.

DOWER.

A purchased of B a tract of land, the legal title to be conveyed when
the purchase money was paid; for which he gave his bond; after
which B died, and his widow had her dower in the land. Held, that
A was entitled to a deduction from his bond to the amount of the
value of the widow's dower. Estep v. Watkins, 459.

See HUSBAND AND WIFE, 3-6.
LIEN, 1.
MESNE PROFITS, 3.

ELECTION.

See WILLS, 1.

EVIDENCE.

1. A solicitor is not permitted to reveal the confidential communications
made to him by his client, either before or after the termination of
the suit: but, as it is the privilege of the client, he may waive it, and
thus make the solicitor a competent witness. Hannah K. Chasers
Case. 194.

2. Verbal proof may be received to corroborate and supply omissions
in a written contract, or to contradict the usual receipt endorsed on
a conveyance, which is considered as evidence of the lowest order.
Lingan v. Henderson, 221.

3. In general, the answer of one defendant cannot be evidence against
another: the exceptions to this rule. Ib.

4. In what cases a complainant or co-defendant may be examined as a
witness in the case. Ib.

5. The answer of the wife obligatory upon her. Ib.

6. A co-defendant, as to whom a decree is not asked to be opened, or
cannot he opened, is a competent witness as to any fact upon which
another defendant prays to have the decree opened. Hodges v. Mul-
likin, 475.

7. A trustee, whose liability cannot be altered by the opening of a de-
cree, is, upon that question, a competent witness for either party.
Ib.

8. An attorney whose client is not a party, to object or consent to his
examination, cannot be permitted to speak of any facts which came
to his knowledge as such. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 653   View pdf image (33K)
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