clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 551   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

INDEX. 551
CONSTRUCTION OF ACTS AND STATUTES—Continued.
divorces, is within the terms of the act of 1834, ch. 196, which author-
izes the removal of all equity suits, then depending, or thereafter to
be commenced in any of the County Courts of the sixth judicial dis-
trict, to the Court of Chancery, notwithstanding no law existed
giving the Courts of Equity jurisdiction in cases of divorce at the
time the act of 1824 was passed. Bayly vs. Bayly, 326.
19. The rule prescribed by the common law, and the law of England, is
applicable to the statute of 1841, ch. 262, and the term "cruelly"
used in it, must have the same interpretation as that given by the
ecclesiastical courts. Coles vs. Coles, 343.
CONTRACTS, CONSTRUCTION OF, &c.
1. It is not the duty of courts to shape the contracts of parties, but to en-
force such as the parties themselves make, when they are competent
to make them, and when no unfaimess, fraud, surprise or mistake is
shown. .Brown vs. Waters, 301.
See CONSTRUCTION OF DEEDS.
VOID AND VOIDABLE CONTRACTS, 1, 2.
SPECIFIC PERFORMANCE.
CONVERSION OF REALTY INTO PERSONALTY.
1. Where real estate is sold under a decree of this court, the mutation
from realty to personalty, is complete when the sale is ratified by the
court, and the purchaser has complied with the terms of it, by paying
the purchase money, if the sale is for cash, or, by giving bonds if the
sale is on credit. Manship vs. Evitts, 366.
2. In this case the sale was ratified, and the purchaser had complied with
the terms by paying the cash instalment of purchase money, and giving
bonds with sufficient surety for the balance, and the Auditor had as-
signed a portion of the proceeds to M. and wife, in right of the wife,
who was one of the heirs at law, of the deceased, whose estate was
sold. After this the wife died, leaving her husband surviving her, and
having had issue during coverture, which issue was then dead. HELD—
That the change from real to personal estate was complete before
the death of the wife, and the proportion of the purchase money
which had been assigned to the husband and wife, must he re-
garded as a chose inaction, and as such survived to the husband. Ib.
CONVEYANCES.
See FRAUDULENT CONVEYANCES.
CORPORATIONS.
See PRACTICE IN CHANCERY, 36.
CHURCHES, 1.
CREDITORS.
See ASSIGNMENT, &c. 6.
EXECUTOR, &c. 2.
PRACTICE IN CHANCERY, 32, 34.
RECORDING OF MORTGAGES, 3, 4, 5.
GIFTS FROM HUSBAND TO WIFE, 1.
DOWER,4,5, 6.
EXECUTOR, &0. 10.

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 551   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives