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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 654   View pdf image (33K)
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654 INDEX.—1 BLAND.

EXECUTION.

1. The mode in which a purchaser of land under a fieri facias from this
Court may obtain possession, as directed by the Act of 1825, ch. 103.
Dorsey v. Campbell, 332.

2. Land was not liable to be taken and sold to satisfy a debt due to a
citizen, until made so by statute; but it might always be taken in
execution to satisfy a debt due to the State; for which it is bound,
by Act of Assembly, from the day of the institution of the suit.
Jones v. Jones, 418.

3. Under a fieri facias levied upon the land of the defendant in his life-
time, it may be sold after his death. Ib.

4. The nature and extent of a judicial lien upon real estate. Ib.

5. A lien fastens upon real estate from the date of the judgment. Ib.

6. But no execution oau be issued if the case has abated by the death of
either party, until it has been revived. Ib.

7. There is no lien upon personal estate, as against third persons, until the
fieri facias has been delivered to the sheriff. Ib.

8. By a sale of land under a fieri facias, it was held by the Chancellor,
it was thereby converted into personalty, and that the surplus should
be paid to the personal representatives of the deceased defendant;
but the Court of Appeals held and ordered otherwise. Ib.

9. This Court cannot order a sheriff, who has in his hands money made
under an execution from another Court, to bring it into this Court.
75.

10. Choses in action, and several other kinds of property are beyond the
reach of a fieri facias. Watkins v. Dorsett, 498.

11. The title to land sold under a. fieri facias passes by the sale; but there
must be some written, and recorded evidence of the sale: such as a
return to the execution under which the sale was made. Duvall v.
Waters, 534.

12. Where lands have been sold under a fieri facias, the sheriff should,
in his return, sufficiently describe the land sold by him. Ib.

EXECUTORS AND ADMINISTRATORS.

An executor or administrator who overpays takes the place of the credi-
tor whose debt he pays, and is entitled to the benefit of his priority.
Watkins v. Dorsett, 498.
See JUDGMENT.

FRAUD.

See DEBTOR AND CREDITOR, 3, 6, 34.
DECREE, 4.
MESNE PROFITS, 3, 5.
NON COMPOS MENTIS, 5, 9.
RECEIVER, 10.

GUARDIAN AND WARD.
See PRACTICE. 8.

HUSBAND AND WIFE.

1. Cruel and violent treatment of the wife by the husband, and his re-
fusing to permit her to live with him; held to he sufficient ground to
direct him to pay her a certain sum as alimony; the amount to be

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 654   View pdf image (33K)
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