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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 590   View pdf image (33K)
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590 INDEX.
ONUS PROBANDI
See EVIDENCE, I, 13.
PARTNERSHIP, PARTNERS, 1.
HUSBAND AND WIFE, 13.
ORPHANS COURT.
See PRACTICE IN CHANCERY, 14, 15,18.
EVIDENCE, 1, 13.
GUARDIAN AND WARD.
RECEIVERS, 1, 2, 3.
ADMINISTRATOR PENDENTE LITE.
PARENT AND CHILD.
1. A father is entitled to the services of his son during the latter's minority,
even though he does not live with him, and can maintain an action for
such services, unless he has, by some act of his own, divested himself of
his control over his son. Bullett vs. Worthington, 99.
PAROL AGREEMENT.
See MERGER, 1.
PART PERFORMANCE, 3.
PAROL CONTRACT.
See PRACTICE IN CHANCERY, 25, 86.
PAROL PROOF.
See PRACTICE IN CHANCERY, 13, 25.
EVICENCE, 2, 5, 10, 14, 19, 23, 24.
SALES BY TRUSTEES, 1, 3.
TRUSTS, 2.
FRAUDULENT CONVEYANCES, 24.
PARTITION.
1. This Court will not sustain a bill for a partition, where the title of the
complainant is denied, or not clearly established by the evidence; but
will retain it for a reasonable time, to give him an opportunity to make
out his title at law. Boone vs. Boone, 497.
2. The fact that the defendant relies upon lapse of time, and limitations
founded on long possession, is a strong reason for leaving the complainant
to make out his title at law. Ib.
PARTIES TO SUITS.
See PRACTICE IN CHANCERY, 9.
PATENTS.
See CONVERSION or REALTY INTO PERSONALTY, 4.
PARTNERSHIP, PARTNERS.
1. Where a partner seeks to surcharge and falsify a settlement of the part-
nership affairs, upon the ground of error or mistake, the onus probandi is
on him to show the errors, otherwise the Court will take it—a stated
account, and establish it. Lilly vs. Kroesen, S3.
2. Each partner has the right of fall and free access at all times to the books
of the partnership. Ib.
3. Where two partners adjusted their partnership accounts, upon fall, com-
plete, and truthful data, ascertained the proportion of surplus to which
each was entitled, and, by their written contract, deliberately prepared
and signed, stipulated how, and from what source each should receive

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 590   View pdf image (33K)
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