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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 552   View pdf image (33K)
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552 INDEX.
CREDITOR'S BILL.
See LIMITATIONS, 9, 10.
CRUELTY OF TREATMENT.
See DIVOKCE, 7, 8, 9, 10, 13.
DECEIT.
See. ASSIGNMENT, &c. 8.
DECREE.
See PRACTICE IN CHANCERY, 56.
DEEDS.
See CONSTRUCTION OF. VACATING or. CONTRACTS. CONSTRUCTION OF, &c.
FRAUDULENT CONVEYANCES. INSOLVENT DEBTOR.
DEED OF SEPARATION.
See DIVORCE, 4, 5, 6.
DELIVERY.
1. To perfect gifts inter vivas and donationes mortis causa, there must be an
actual delivery, according to the manner in which the particular thing,
the subject of the gift, is capable Of being delivered, and without such
delivery, the gift is invalid, both at law and in equity. Linthicum vs.
Linthicum., 22.
DEMURRER.
1. Though parties have a right to resort to demurrer, this mode of de-
fence is viewed with suspicion and disfavor. Mewshaw vs. Mewshaw,
12.
See PRACTICE IN CHANCERY, 6, 8, 10, 11.
DESCENT OF REAL ESTATE.
1. A. died intestate, leaving uncles and aunts, and the children of uncles
and aunts. HELD—
That under the act of 1820, ch. 131, sec. 4, the uncles and aunts are
entitled to the whole real estate, to the exclusion of the children
of the deceased uncles and aunts. Levering vs. Heighe, 81.
2. Where a party dies intestate, and without issue, leaving an uncle, and
the children of uncles and aunte, his next of kin, his whole estate,
real and personal, by the act to direct descents of this state, descends
to, and becomes the property of, the uncle, to the exclusion of his
other relatives. Ellicott vs. Ellicott, 468.
DESCRIPTION OF LAND.
1. Bill for a sale of lands held in common by plaintiffs and defendants.
Demurrer, on the ground among others, that the name of the land to
be sold was not stated. The location, quantity of acres, and descent
of the land were stated. HELD—
That the claim of the plaintiff must be stated with clearness; but if
the case is so stated aa to apprise the opposite party of the claim,
he will not be permitted to object on the ground of uncertainty,
though every particular circumstance is not stated. General cer-
tainty is sufficient. Mewshaw vs. Mewshaw, 12.
2. If a defendant, in a judgment at law, objects to the return by the sher-
iff, he may appear in the County Court, at the term to which the writs
were returnable, and move to quash them, or retain possession of the

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 2, Page 552   View pdf image (33K)
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