668 INDEX.—3 BLAND.

SHERIFF.—Continued.

2. It is the duty of the sheriffs to execute all process and orders issuing
from this Court. Ib.

3. A summons or subpoena issued by commissioners requiring a witness
to attend and testify before them, under a commission to take evi-
dence, is a process which must be served by the sheriff. Ib.

4. For the service of all process, which a sheriff may be required to serve,
he is entitled to have his legal fees allowed and taxed as a part of
the costs in the case; and may enforce payment accordingly. Ib.

5. The nature of poundage fees allowed to the sheriff on an execution;
the mode in which they may be recovered; and the grounds upon
which the sheriff may obtain relief in equity. Cape Sable Company's
Case. 587.

6. Where by a decree, passed with consent, real and personal property
upon which an execution had been levied, is taken from the sheriff
and sold, without discrimination, his poundage fees will be allowed
for the whole debt, first on the whole appraised value of the person-
alty, and for the residue on the realty. Ib.

SURETY.

See DEBTOR AND CREDITOR. 33. 34, 33, 35, 36.
TACKING.

The tacking of one claim to another is never allowed to the prejudice
of others. Coombs v. Jordan, 292.

TAXATION.

See LIFE ESTATES. 6.

TRESPASS.

See INJUNCTION, 8.

TRUSTS AND TRUSTEES.

1. A trustee appointed to sell property cannot be allowed to abandon
any right arising out of the sale after it has been ratified: or to dis-
pose of the purchase money in any way without the previous sanc-
tion of the Court. Wampler v. Shipley. 197.

2. Commissions to trustees on money collected. Post v. Hacka.ll, 477.

3. A deed by which a father conveyed all his personal estate to his son,
upon condition, that the son should pay certain specified debts due
by the father, held to give rise to a resulting trust in favor of the
father, so as to require the son to shew, that the specified debts of
the father had been paid; and to give the representative of the
father a right to relief and an account. Neale v. Hagthrop, 538.

See ACTION.

LUNATIC, 3, 4.

WARRANT OF EESURVEY.

1. A right to take out a warrant of resurvey is an incident only of a
legal title derived from a patent, or of an imperfect legal title under
a certificate compounded on. Hughlett's Case, 466.

2. Where the holder of a tract of land by a legal title, by a warrant of
resurvey, takes in some contiguous vacancy, and then makes sale of
the original tract by its name and description, as the vacancy em-
braced by the certificate, under the warrant of resurvey, does not
thereby pass to the purchaser, he cannot obtain a patent upon such
certificate of resurvey. Ib.