INDEX. 58-y

PRACTICE IN CHANCERY— CorMmied.

43. Where judgments at law, upon which executions have nsu«tf, and
been levied upon lands, are enjoined, after the dissolution of the in-
junction, nothing more is necessary to authorize the sheriff to sell,
than the writs of vendWom exponas. The lands are to be regarded as
in cwstodia legis, and the death of the defendant in the judgments, after
execution had issued and been levied, does not render a wire facias
necessary against his heire or tenements. Boyd Sf Hwice vs. Harris,
466.

44. The Courts always observe great caution in taking property out of the
hands of a sheriff, held by him under execution, and the case oS Alex-
ander vs. Ghiselm, is the only case in which the sheriff's possession has
been disturbed, unless upon some grounds affecting the validity of the
judgment, or the regularity of the process, by which the seizure is
made. Ib.

45. A petition was filed, asking that a sale made by the sheriff, under the
executions upon the above mentioned lands should be vacated, anAthe
property resold by a trustee appointed under a decree in a creditor
suit to which the judgment creditor was not a party. But the court »
refused to grant the relief asked for, and said that it was neither war- -«.
ranted by authority, nor by any established principles of law or equity.
III.

46. A court of equity will, under special circumstances, and when the es-
tate is in danger of being sacrificed, in consequence of clouds upon
the title, or conflict and confusion growing out of the number and
character of the liens and incumbrances upon it, interpose and
keeping rival creditors off, sell the property for the general benefit of
all. Ib.

47. A conrt of equity will always ratify and confirm that, when done,
wnich, as a matter of course, if previously applied to, it would have or-
dered to be done. dark va. Mbot, 474.

48. A decree was passed, authorizing the trustee to sell so much of the
mortgaged property, as would be necessary to pay the amount then
due. The execution of this decree was stayed by injunction, and
in the mean time other installments of the mortgage debt became due.
After the injunction was dissolved, the trustee sold so much of the prop-
erty as would satisfy the amount due at the time of sale. HELD—
That as the decree must be regarded as standing as a security for the
entire mortgage debt, the court, if applied to, would have em-
powered the trustee to do what he has done, and will, therefore,
give its subsequent assent to the act. Ib.
See APPBAI., 1 to 3.
ATTOBNBT, 2.

Co>IMI88ION8, 4.

ConrTHIBOTIOlf AMOKe JOINT Q»MeO»», 5.
CORPORATIOMS, 3.
DECREE FOR AM ACCOUNT.
DEMURRER.
CitCOVETT OF TrUiB.