Volume 200, Volume 3, Page 566 View pdf image (33K) |
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566 INDEX. DEFICIENCY IN LAND SOLD. See CONTRACTS, &c., 1, 3, 3. DELIVERY. .See DONATIO MORTIS CAUSA, 1, 2, 3. DEMISE. See PRACTICE IN CHANCERY, 39, 40, 41. DEMURRER. See PRACTICE IN CHANCERY, 20, 21. MULTIFARIOUSNESS. JURISDICTION, 6, .DESCENTS. See REMAINDERMEN. DEVISE. See WILLS, &.C. DISTRIBUTION. See INFANCY,INFANTS, 6. DIVIDENDS ON STOCKS. 1. Where stocks are sold before the dividends are declared, the latter pass by the sale and transfer to the purchaser. Abercrombie vs. Riddle, 320. 2. The stocks in this case were gold shortly before the day for declaring dividends had arrived. This sale was made by consent of all parties, including the assignee of the life interest in them. HELD— That the assignee was not entitled to any allowance out of the proceeds of sale, on account of dividends which had accrued up to the day of sale. Ib. 3. The hypothesis, that the value of the stock was enhanced in precise pro- portion to the amount of the dividends which had accrued up to the day of sale, rests upon a. foundation of too much uncertainty, to justify the Court in making it the basis of its judgment. Ib. DIVORCE. 1, Mere petulance and rudeness, and sallies of passion, are not sufficient to constitute "cruelty of'treatment," within the meaning of the Act of 1841, ch. 362; there must be a series of acts of personal violence, or danger of life, limb, or health, to authorize a divorce a mensa. Bowie vs. Bowie, 51. 3. Where a husband inflicts blows and other personal violence upon his wife, and by such violence and threats places her in fear for her life, and obliges her to fly from him to avoid serious injury, such conduct consti- tutes " cruelly of treatment;" and the fact that it was the result of in- temperance on the part of the husband, in no way diminishes the title of the wife to relief. Ib. 3. There is a difference between condonation of the husband, and of the wife. A much less stringent rule applies to the latter than to the former, because the wife may find it difficult to quit the husband's house, or withdraw from his bed, and she must submit to necessity; circumstances which do not apply to the husband. Ib. 4. Yet, after the parties have become reconciled, the Courts are averse to reviving or listening to old grounds of complaint, which had better be forgotten, as well as forgiven. Ib. 6. A separation occurred in 1847, in consequence of the cruel treatment of the |
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Volume 200, Volume 3, Page 566 View pdf image (33K) |
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