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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 663   View pdf image (33K)
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INDEX —3 BLAND bb3

LIEN —Continued

19 Where under the Act to Direct Descents, one of the heirs, under an
order of sale purchases the whole and gives bond with another heir
as his surety, the hen of such a bond is exclusive of the interests of
such obligors Ib

20 Where one heir sues upon such bond and obtains a judgment and by
virtue of an execution thereon has the land bound by such statutory
hen taken and sold, he thereby extinguishes his lien Ib

21 Where the hen of a judgment has expired by lapse of time it cannot
be revived so as to over reach a lien which has attached during the
time of such lapse Cape Sable Company s Case 587

22 The lien of a judgment upon land being an incident of its liability to
be taken in execution undei such judgment there can be no lien
where there is no direct or indirect mode of having an execution
founded on such judgment levied upon such land Ib

23 But now and here the judgments and decrees of the Countv Courts
the Court of Chancery and the Court of Appeals give a hen upon
the lands of the defendant every where within the State Ib
LIFE ESTATE

1 The various cases in which it may become necessaiy to put a piesent

value upon a life interest in property Wiliams Case 200
2 The formation of tables shewing the expectation of human life at
every age Ib

3 In ascertaining the present value of a life interest and in appor
tioning a burthen between the tenant for life and the remaindei
man or reversioner the estimate must be made from a considera-
tion of all circumstances in which assistance may be derived from
tables shewing the expectation of life Ib

4 The tenant for life must keep down the interest of the debt with

which the estate is encumbered Ib
5 The census of this and other countries as shewing the increase of

population and the probability aad the expectation of human life

Ib
6 The assessment laws and the constitutional rule which requires e\ery

one to contribute his proportion of public taxes according to his

actual worth in property considered with reference to the valuation

of life inteiests Ib
7 The rule of this Court according to which allowances are made to

widows in lieu of dower its origin and errors considered Ib
8 The legislative rules and the rules of the Couit by which the value

of life interests are to be adjusted Ib

9 The value of a life interest should be made as of the day when it is
taken away 1b

10 Where a life interest is extinguished by a sale or the like its
equivalent then vests m the tenant for life and after his death
will go to his assignee or legal representative Ib

LIMITATIONS

1 The Statute of Limitations cannot be put in by any one who has noth
ing to protect bv it and when lelied on in general terms is applied
according to the nature of the claim is only to prevail as it may
apply to the representative of the personalty or the realty and

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Volume 3, Page 663   View pdf image (33K)
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