Volume 200, Volume 4, Page 584 View pdf image (33K) |
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584 INDEX, PRACTICE IN CHANCERY— Continued. 47. An order confirming an Auditor's report, is an order in the nature of a final decree. Wayman vs. Jones, 500. 48. To a bill for an injunction, restraining execution of a judgment at law, the defendant filed a general demurrer, which was overruled by the Chancellor, and the injunction made perpetual; upon appeal, this order of the Chancellor was reversed, and the cause remanded for amendment in order to make necessary parties. HELD— That when the bill is amended, the defendant will have a right to answer it. Iglehart vs. Mayer, 514. 49. Where negro slaves are manumitted by deed or will, and the real and personal estate of the manumittor or testator are insufficient for the payment of his debts, his creditors may file a bill in equity making the manumitted slaves and all persons interested parties, and have an account taken of all the property of the deceased, and if it shall prove insufficient to pay his debts, the manumitted slaves may be de- creed to be sold for that purpose, either for life or a term of years, as the circumstances or the nature of the case may require. Allein vs. Hutton, 537. 50. A trustee or his administrator may be called upon by petition to bring the trust fund into court, and to account therefor; and the adminis- trator may also be required in such proceeding, to account for the personal estate of the trustee Maddox vs. Dent, 543. 51. A trustee was appointed to sell the real estate of a deceased party, for the payment of his debts in 1830, and made and reported the sale which was affirmed, nisi, in 1831, and in 1842 he was called upon by the heirs at law of the deceased to account for the purchase money. HELD— That after this lapse of time the trustee must not only be presumed to have received the purchase money, but is responsible for it whether he received it or not. Ib. 52. Upon a creditor's bill, the claim of the complainant creditor as stated in his bill, is ascertained and established by the decree. Ib. See SET-OFF. INSOLVENT DEBTORS, 1, 2, 5. FRAUDULENT CONVEYANCES, 1. RECEIVERS. PARTNERSHIP, PARTNERS. LUNATIC LUNACY. ASSIGNMENT IN FAVOR OF CREDITORS, 4. SEQUESTRATION. PARTITION. SPECIFIC PERFORMANCE. TRUSTEE AND CESTUI QUE TRUST. COUNSEL FEES. LIMITATIONS. ALIMOMY, 9. |
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Volume 200, Volume 4, Page 584 View pdf image (33K) |
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