Volume 200, Volume 4, Page 557 View pdf image (33K) |
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INDEX. 557 ASSIGNMENTS IN FAVOR OF CREDITORS. 1. An assignment in favor of creditors, though in other respects free from objection, must convey all the property of the grantor, and the onus, in this regard, is upon the party who sets up the deed. Keighler vs. Nicholson, 86. 2. A deed in favor of creditors, of specific articles of property, and which does not, by express terms, purport to convey all the property of the grantor, is not, on that account, absolutely void, but upon proof that the grantor had no other property, will stand, if its other provisions are legal, Ib. 3. The adjudicated cases in this state have not decided that an assignment in favor of creditors, which provides that the dividends of the non- assenting shall be divided proportionably among the assenting creditors is void. Ib. 4. It would be irregular to decide upon the validity of such a deed upon the return of a writ of sequestration to enforce a decree when no such question was presented in the case in which the decree was obtained, Ib. ATTACHMENT. 1. Money in the hands of a trustee of this court is not liable to attach- ment. Bentley vs. Shrieve, 412. BILLS OF REVIEW. 1. A bill of review for new facts or newly discovered facts, must aver that such facts came to the knowledge of the complainant within nine months prior to the filing of his bill. Hitch vs. Fenby, 190. Q. Upon a supplemental bill, in the nature of a bill of review, the question always is, not what the plaintiff knew, but what, using due diligence, he might have known. It. BOND OF CONVEYANCE. See LOCATION OF. CHOSE IN ACTION. See SEQUESTRATION, &C., 1, 2, 3. COMMISSIONS. See TRUSTEES, &c,, 5. RECEIVERS, 9, 10. ORPHANS COURT,11. AGREEMENTS, &c., 5,6. CONJUGAL RIGHTS. See ALIMONY, 6, 7. CONSIDERATION. See SPECIFIC PERFORMANCE, 2, 3. CONTRACTS, &c., 1. CONSTITUTIONAL LAW. 1. It is no exercise of judicial power for the legislature to pass resolutions directing credits to be entered upon judgments recovered by the state against a county clerk, and the sureties upon his bond. Wm. S. Green's Estate, 349. 2. The state has control over her own claims, and the legislature may re- VOL. IV,—47 |
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Volume 200, Volume 4, Page 557 View pdf image (33K) |
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