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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 671   View pdf image (33K)
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INDEX.—2 BLAND. 671

SALE.—Continued.

chase money, after deducting all commissions, expenses, and costs,
may be discounted from or applied to the discharge of so much of
the debt, when adjusted, then due to such purchaser. Murdoch's
Case, 439.

3. After the ratification of the sales the purchaser may be put into pos-
session, if no good cause to the contrary be shewn. Ib.

4. That the Court may not be baffled, it may order that the bids of some
persons be not received, or received only upon condition. Ib.

5. According to the terms of the usual decree for a sale, the purchaser
pays interest whether he gets possession or not. Brown v. Wallace,
557.

6. No sale of a party pendents lite can affect the title of the purchaser
under the decree. Ib.

7. The report of the trustee, when confirmed, is conclusive as to the
terms of the sale. Ib.

8. When land is sold by the acre, a survey and measurement, to ascer-
tain the amount, is granted as of course. Ib.

9. In what cases land may be said to be sold by the tract or by the acre.
Ib.

10. A purchaser, cannot impeach the sale on the ground, that more had
been sold than was necessary. Ib.

11. The rule caveat emptor, applies to all judicial sales: the operation of
this rule. Ib.

12. A sale of the realty to save the personalty can only be made at the
instance of one who has an interest in both estates; and without
prejudice to creditors. Waring v. Waring, 687.

13. A widow may have dower out of the real estate so sold; but not a
distributive share also of the personalty so saved. Ib.

14. A suit for the sale of the realty to save the personalty must be treated

as a creditor's suit. Ib.
See DEBTOR AND CREDITOR, 82.
PRACTICE, 44-49, 51.
TRUSTS AND TRUSTEES, 21.

STATE.

1. The State is bound to take care of all its own citizens; particularly
infants, lunatics and paupers. Carrie's Case 467.

2. Every one is permitted to remove his property out of the State at
pleasure. 76.

STATUTES.

1. In England, private Acts of Parliament have only been passed in cases
where the parties could be relieved in no other way. Campbell's
Case, 195.

2. Such acts are considered only as conveyances, binding on those alone
who are parties; and if tainted with fraud, may be set aside. Ib.

3. Although the facts set forth in a bill of attainder cannot be ques-
tioned, yet the truth of a fact stated in a private Act of Parliament
cannot be assumed to the prejudice of any private right. Ib.

4. Here, as well as in England, apart from any constitutional objection,
a statute, because of its being inexplicable, contradictory, or alto-
gether absurd, may be declared void. Ib.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 671   View pdf image (33K)
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