Volume 200, Volume 3, Page 599 View pdf image (33K) |
INDEX. 599 PRACTICE IN CHANCERY.—Continued. amount found to be due by the former. Upon a bill by complainant at- tacking this settlement, it was decided, that it was not fraudulent in fact, and was allowed to stand; but leave was granted to surcharge and falsify the accounts upon which it was based, and they were accordingly correct- ed, and the amount due greatly reduced. HELD— That the complainant has the right to demand the whole amount of stock transferred by him, upon his paying the amount really ascer- tained to be due from him, such transfer to stand merely security for the sum actually due. 16, 67. Where a term intervenes after the passage of an order, it is considered as enrolled, and cannot be reheard upon petition; the only remedy in such cases, is by bill of review for error appearing on its face, or new matter discovered since. Notley Young's Estate, 461. 68. The averment that bis vendor was, at the time of the execution of the con- veyance, seized, or pretended to be seized, and was in possession of the premises conveyed, is indispensably necessary to a plea by a defendant that he is a lama fide purchaser without notice. Ringgold vs. Bryan, 488. 69. An answer responsive to the bill cannot be overruled, unless contradicted by the testimony of two witnesses, or of one sustained by pregnant cir- cumstances; circumstances standing alone will Dot destroy the answer. 70. A conveyance defectively executed, may be set up as a valid contract in equity, and a confirmatory deed will give it validity. Ib. l»g vs. Brown Sr Brannan, 521. See CREDITOR'S BILL, 2, 3. SET-OFF. CHARGES UPON LANDS DEVISED. PART PERFORMANCE. MULTIFARIOUSNESS. APPEAL. COMMISSIONS TO TRUSTEES. SALES ft TRUSTEES. JURISDICTION. MORTGAGE, &C., 2. GUARDIAN AND WARD, B, 7. I IMPROVEMENTS, &c., 1, 2. LUNATIC, LUNACY. , RECEIVERS. INJUNCTION. RULE FOR ASCERTAINING PRESENT VALUE OF LITE ESTATE. MERGER, 5, PARTITION. . EVIDENCE, 2. INSOLVENT DEBTOR, B. TRUSTS, 3, 4. PRINCIPAL AND SURETY. ' See SUBSTITUTION, RIGHT or, 1 to 5. PROOF OF CLAIMS. . See PRACTICE IN CHANCERY, 34, ?5. PURCHASE. See REMAINDERMEN. |
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Volume 200, Volume 3, Page 599 View pdf image (33K) |
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