560 INDEX.
CREDITORS— Continued.

S.SSVLTSNG TKPST, 3.
RECORDING OF DEBDS.
JUDGMENT CBBDITORS.
FOREIGN CREDITORS.
CONVEYAMCESI, VACATINO OF.

DAMAGES FOR DETENTION OF DOWER.

See JCBISDICTIOM, 3.
DECREE.

See PRACTICE IN CHANCERY, 1, 37, to 40 and 48.
DECREE FOB AN ACCOUNT.
DECREE DORMANT FROM LAPSE or TIME.
DECREE FOR AN ACCOUNT.

A decree for an account in a suit by one or more creditors against the execu-
tors, either for themselves or on behalf of themselves and all other credi-
tors, is for the benefit of all and in the nature of a judgment for all, and
from the date of such decree an injunction will be granted upon motion
of either party, and upon due disclosure of assets, to stay all proceedings
of any creditor at law. Boyd Sf Hawse vs. Hams, 466.
See INJUNCTION, 16.
DECREE DORMANT FROM LAPSE OF TIME.

1. The act of 1842, ch. 229, only provides a more summary and economi-
cal remedy, when cases abate either before or after decree, by the
death of parties, and does not embrace the case of a decree which has
become dormant from lapse of time. Franklin vs. Franklin, 342.

2. The legal presumption, when the three years from the date of the decree
have elapsed, is, that it has been executed or satisfied, and the appro-
priate remedy is to revive it by a bill of revivor. It.
DEEDS VOID UNDER THE INSOLVENT LAWS.

1. To avoid a deed under the acts of 1812, ch. 77, and 1816, ch. 121, it is
necessary to show, not only that an undue and improper preference
was given by the debtor, but also, that this was done with a view or
under an expectation of taking the benefit of the insolvent laws. Glenn
vs. Baker, 73.

2. Such intent may be established by facts and circumstances as in other
cases, and the fact that a party, when he executed the deed, could not
apply for the benefit of the insolvent laws, for want of the residence
required to bring him within their provisions, is a strong circumstance
to show that such was not his view and expectation at that time. Ib.

3. The facts of this case distinguished from those of Dvlaney vs. Hoffinait,
7 Gill Sf Johns., 170. Ib.

4. It has been settled by the highest authority in this state, that a debtor in
failing circumstances, may prefer one creditor to another, by a trans-
fer of his property made in good faith, and that in similar circum-
stances, a transfer by a debtor of his whole estate to trustees for thft
benefit of all his creditors, is free from objection. -Malcolm, vs. Hall, 172.

5. Yet if such payment or transfer be made with a view, or under an ex-
pectation of taking the benefit of the insolvent laws, and with an in-