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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 287   View pdf image (33K)
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HAMMOND v. HAMMOND.—2 BLAND. 287

said Eleanor Dawson to comply therewith; or that they should
have such other relief as might be deemed proper.

BLAND, C., 15th October, 1832.—Ordered that the time limited
for the said defendant's bringing into this Court the said sum of
money, and for rendering an account of the assets be and the same-
is hereby extended to the 10th day of January next. Provided
that a copy of this order, together with a copy of the said order of
the 28th day of September last, be published in some newspaper
three times a week, for three successive weeks, before the loth of
November next. 1818, ch. 133, s. 1,

HAMMOND i\ HAMMOND.

CREDITORS" SUIT.—DISTRIBUTION OF ASSETS.—PROOF OF CLAIMS.—PRIORI-
TIES.—LIENS.—INJUNCTION.—COMPUTATION OF INTEREST.—CONTRIBUTION.

—CHANCERY PRACTICE.

The auditor may summon a witness to attend and give evidence before him;

and on his felling to do so. the Court will compel him to attend and

testify.
In general, pecuniary legacies bear interest from the end of one year from

the death of the testator, (a)
Where one legacy is substituted for another, the substitute will, in general,

carry with it the same incidents as the original.
How far lands in possession, reversion, or remainder, in the hands of an

heir or devisee, are liable for debt at common law, or by statute. (6)
The cases in which a creditor's suit may be sustained; or in which the Court

will take upon itself the administration of an estate.
The form, and necessary allegations of a creditor's bill.
Equity will take upon itself the general administration of the assets of a

deceased debtor at the instance of a creditor, or legatee, or next of kin,

or of the executor or trustee of the estate, for direction or indemnity in

the payment of debts, (c)

(a) See Swearingham v. Stull, 4 H. & McH. 38 ; drain v. Barnes, 1 Md. Ch.
151 ; White v. Donnell, & Md. Ch. 526.

(b) See Coombs v. Jordan, 3 Bland, 284.

(c) Affirmed in Tessier v. Wyse, 3 Bland, 59. As to creditors' suits against
the real estate of a deceased debtor, see Rev. Code, Art. 66, sec. 1; Art- 64,
sec. 9; Act of 1884, c. 396; McCormick v. Gibson, 3 G. & J. 13: Gaither v.
Welch, 3 G. & J. 259; Ellicott v. Ellicott, 6 G. & J. 35; Gibson v. McCormick,
10 G. & J. 65, note; Warfield v. Owens, 4 Gill, 364; Scoff v. Scott, 17 Md. 78.

The insufficiency of the personalty must be proved or admitted before the
realty can be sold. Wyse v. Smith, 4 G. & J. 295.

As to proof of claims in a creditor's suit: Strikes Case, 1 Bland, 57, note
(m). When claims may be filed: Townshend v. Duncan, ante. 45. Pleading
limitations: Simms v. Lloyd, 58 Md. 477; Strike's Case, 1 Bland, 57, note (l).

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 287   View pdf image (33K)
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