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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 655   View pdf image (33K)
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INDEX.—1 BLAND. 655

HUSBAND AND WIFE.—Continued.

adjusted with a due regard to his circumstances. Hewitt v, Hewitt,
93.

2. And as the several instalments became due, the payment, on petition
by her, was enforced by an order to shew cause, followed by a fieri
facias. Ib.

3. An absolute sale to the husband, with a condition for a repurchase,
not being a mortgage, vests in him an estate in fee simple, of which
his wife is dowable. Hannah K. Chase's Case, 194.

4. The acknowledgment of the wife, in the form prescribed by the
Act of Assembly of a lease for years made by her husband, can only
operate as a bar of her dower during, and to the extent of the lease.
Ib.

5. In equity the widow may have an account of the rents and profits
of her dower from the time her title accrued. Ib.

6. Where the property is incapable of division, dower may be assigned
in the form of a rent, distrainable of common right. Ib.

See EVIDENCE, 5.
PLEADING, 10.

IMPROVEMENTS.

See MESNE PROFITS, 6, 7.

INFANT.

See PRACTICE. 8.

INJUNCTION.

1. An injunction may be granted in any case on the bill alone, before a
subpoena has been issued, except to stay proceedings at law in an
action of ejectment by a lessor, or to recover mortgaged property.
Jones v. Magil. 164.

2. But an injunction will not be granted on the bill alone unless it be
verified by the affidavit of the plaintiff, or by some other testimony
sufficient to induce the Chancellor to credit the truth of the state-
ments. Ib.

3. The mode of giving notice of a motion to dissolve. Ib.

4. Exceptions to the answer, and the motion to dissolve, may stand for
hearing at the same time. Ib.

5. The rule further proceedings may be entered, during the sittings, and
at the same time with the entry of notice of motion to dissolve, and
may be enforced at the same time; or at the proper time after the
motion to dissolve has been disposed of. Ib.

6. On hearing the motion, the plaintiff opens and concludes the argu-
ment. Ib.

7. In extraordinary cases, the injunction is granted upon terms adapted
to the circumstances. Ib.

8. It is a general rule, that where there are two or more defendants, no
motion to dissolve can be heard until all of them have answered;
but to this rule there are exceptions. Ib.

9. Where one of the defendants has answered, he may have the plaintiff
compelled to use all due diligence to enforce an answer from the
other defendants, or to have the case placed in such a situation as
to enable the responding defendant to move for a dissolution of the
injunction. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 655   View pdf image (33K)
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