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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 658   View pdf image (33K)
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G58 INDEX.—1 BLAND.

LIEN.—Continued.

10. The equitable lien held by the Court for the payment of the purchase
money of land sold under its decree, cannot be enforced by a trus-
tee who has assigned the bonds given for its payment. Ib.

11. On a purchaser failing to pay the purchase money, the land may be
resold at his risk under the Court's equitable lien. Mullikin v. Mul-
likin, 505.
See EXECUTION, 4, 5, 7.

NON COMPOS MENTIS, 4.

LIMITATIONS,

1. The policy of the Statute of Limitations, its nature, in what way, and
how far applied in equity. Lingan v. Henderson. 221.

2. Where the Statute of Limitations is relied upon by one in bar of a con-
tract by which he, with others, is charged to have been bound, it
cannot be taken out of the statute by any acknowledgment which
would not be equivalent to a renewment of such contract by all. Ib.

3. The principle of the Statute of Limitation may be applied in favor of a

plaintiff as well as of a defendant. Watkins v. Dorsett, 498.
See DEBTOR AND CREDITOR, 13, 14, 26, 27.

LIEN, 4, 5.

PLEADING, 22, 23, 27. .

RECEIVER. 5.

LUNATIC.

See NON COMPOS MENTIS.

MARRIAGE.

1. The contract of marriage is the parent, not the child of civil society.
If valid where celebrated, it is valid everywhere. It cannot be cast
off at the pleasure of the parties. It must here be solemnized in the
face of a church or with the blessing of a clergyman. Fornshill v.
Murray, 452.

2. General reputation, or proof of cohabitation as husband and wife,
is. in general, sufficient evidence of a contract of marriage. 1 b.

3. The County Courts may inquire into the validity of certain marriages.
Ib.

4. The Court of Chancery may award alimony; and it may also declare
a marriage to be void which has been procured by abduction, terror,
and fraud. Ib.

5. No judicial proceeding can be had after the death of either party for
the purpose of having their marriage declared void, or of bastardiz-
ing any one after his death. But where the validity of an alleged
marriage, or the legitimacy of any one forms a necessary link in the
chain of title to the property in question, there such validity or
legitimacy may be inquired into and determined, either by a Court
of law, or equity. It is not indispensably necessary in any case to
make up an issue to have the facts ascertained by a jury. Ib.

MESNE PEOFITS.

1. To what extent mesne profits may be recovered at common law and
in equity. Strikers Case, 50.

2. Where a party proceeds in equity, the account of the rents and profits
will be taken only from the time of filing the bill, if there has been
a mere adverse possession without fraud or concealment. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 658   View pdf image (33K)
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