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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 672   View pdf image (33K)
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672 INDEX.—2 BLAND.

STATUTES.—Continued.

5. Here, as the sovereignty belongs to the people only, our Government
is limited, as well by its nature as by special constitutional restric-
tions. Ib.

6. The General Assembly can pass no law impairing the obligation of
contracts, or injuriously affecting the right of private property; or
exercise any authority whatever beyond its own sphere as a Legisla-
ture. 16.

7. Private Acts of Assembly operate here like conveyances, binding only

on the parties, and are valid only in so far as they do not conflict with

the Constitution. Ib.
See DEBTOR AND CREDITOR, 14.

EVIDENCE, 2.
SURETY.

The principles of law and equity in relation to principal and surety.

Watkins v. Worthington, 486.
See CONTRACT, 3.

DEBTOR AND CREDITOR, 7, 8, 76.
SURVEY.

See LAND WARRANT.

PRACTICE, 42, 43, 50.

SALE, 8.

TIME.

Where it becomes necessary to determine the day on which an event
happened, and the proof only designates a space of time within
which it happened, the middle of that space is assumed as the day
on which it took place. Contee v. Dawson, 24B.

TRUSTS AND TRUSTEES.

1. Where trustees under a will, not having authority to sell, refuse to

act, on a bill, making such trustees and the cestuis que trust parties.

another trustee may be appointed. Winder v. Diffenderffer. 155.
3. The trustee, having the profits of the estate in his hands, ordered to

pay the auditor's fees. Ib.

3. A decree for a partition among devisees, the costs to be paid by each
In proportion to his share; and a decree to account for the rents and
profits against the trustee by whom it was held. Ib.

4. A part of the property, appearing by the return of the commissioners
to be incapable of partition without loss, decreed to be sold. Ib.

5. Commissions allowed to a trustee, as a compensation for his skill and
trouble, are not to be lessened or withheld because of conduct in re-
spect to which he had been charged with interest. Ib.

6. An account allowing to the trustee a commission of ten per cent, on
collections and disbursements ratified. Ib.

7. Where an estate has been devised to be sold to pay debts, the trustee
who has accepted the trust, may be ordered to proceed accordingly,
and to sell, ae directed by the will, real estate lying out of this State.
Campbell's Case, 195.

8. Trustees, on failing to give bond as required, may be removed, and
another trustee appointed. Ib.

9. A trustee held liable for all the consequences of a violation of his.
trust. Contee v. Dawson, 348.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 2, Page 672   View pdf image (33K)
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