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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 572   View pdf image (33K)
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572 INDEX.

JUDGMENT LIEN—Cotitmited.

ecuted without any proposition made to creditors, or any previous
consultation or agreement with them, a creditor by receiving money
from the trustees in part payment of his judgment, does not thereby
rettder the provisions of the deed binding upon him, nor waive the lien
of his judgment. Ib.

3. A judgment rendered in one of the County Courts of this state, is not a lien
upon lands lying in another county until the plaintiff, in the mode
pointed out by the acts of 1794, eh. 54, and 1795, ch. 24, has transfer-
red his judgment to such other county. Bayden vs. Stewart, 459.

4; Judgments when liens at all, are general liens upon all the lands of the
defendant, continuing for twelve years, and fasten as well upon those
lands which the defendant held at the time of their rendition, as upon
those subsequently acquired. Ib.
JURISDICTION.

1. The allegations of the bill are, that forty-six shares of the stock of the
Manhattan Company of New York, were transferred to the defendant,
Joseph White, in trust for the complainants, prior to the year 1839 ;

that in January, 1840, said Joseph, by letter of attorney, empowered
Campbell P. White to sell and transfer said shares to the defendant,
John C. White, which, in January and February of the same year, was
accordingly done. That said defendant knew the stock was trust prop-
erty, but had made no returns of the proceeds to complainants,
though payment was duly demanded of him. The bill then prays that
John C. White may account for the sales of said stock, and pay over
the proceeds thereof, and for further relief. Upon the question of
jurisdiction it was HELD—

That whether John C. White, the defendant, is himself to be regard-
ed as the purchaser of the stock, or as agent to sell and account
for the same to the plaintiffs, the remedyint law, is, in either as-
pect, complete and ample, without the aid of a court of equity.
White vs. White, 53.

2; There can be no doubt that where a husband died seized, a court of law
has full power to compensate the widow, in damages for the detention
of her dower, but a court of equity alone has power to give the widow
damages for the detention of her dower as against the alienee of her
husband. KiddaU vs. Primble, 143.

3. The jurisdiction of courts of equity in cases of dower, is concurrent
with that of courts of law, and if the legal title to dower be admitted
or settled, equity will proceed to the assignment of the dower, and
will also compensate the widow in damages for its detention. Ib.

4. A proceeding by the representatives of a ward against the executors of
a guardian, to recover a legacy bequeathed to the ward, and which the
guardian had received from the executors of the testator who made
the bequest, is clearly within the jurisdiction of a court of equity.
Crain vs. Fergmson, 151.

5. The relation of guardian and ward, and the rights and obligations which
grow out of it, are peculiarly within the jurisdiction of a court of



 
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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 1, Page 572   View pdf image (33K)
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