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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 692   View pdf image (33K)
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INDEX. 693

ances to be null and void as against the
plaintiff, and directs the property to be
sold and the proceeds brought in de-
claring, " that all equities as to the dis-
tribution of the proceeds of sale are
reserved by the court for hearing, " on
their being brought in; necessarily es-
tablishes the plaintiff's claim. — Strike's
case, 68.
During the term decrees or orders may be
altered or rescinded on motion or peti-
tion, but after only by bill. — Burch v.
Scott, 120.
A decree affecting the rights of one not a
party to it is, as to him, fraudulent, but it
can only be corrected by an original
bill, 120.
A decretal order, what and how drawn up
according to the English practice, 121.
A decree considered as enrolled when
signed and filed, 121.
During the term an interlocutory decree
may be set aside on appearance without
answer, under the general powers of the
court. — Hepburn v. Mollison, 127.
A decree by default for more than is due
may, after the term, if the plaintiff has
lost no testimony, be set aside to let in
a defence upon the merits. — Burch v.
Scott, 129.
To make a decree a good bar in a subse-
quent suit it must be shewn, that the
matter of the bill was res judicata. — H.
K. Chase's case, 220.
The form of an interlocutory decree for
assigning dower in a house, 234.
Where several defendants are jointly liable
there must be a decree against all or
none, and where several are bound to
contribute there may be a decree over
to enforce the contribution. — Lingan v.
Henderson, 275; Hodges v. Mullikin,
507.
In its decree the court must be consistent
with itself, it cannot say that there is,
and also that there is not any cause of
suit. — Lingan v. Henderson, 275.
But without contradiction the court may,
to meet the nature of the case, pass a
separate, a reciprocal, a direct, or an
inverted decree, 276.
Where an annual sum is charged upon
land, or a sum is stipulated to be paid
periodically, the decree may order the
payment of what is then due and be
allowed to stand as a security for what
may thereafter become due, which may
be enforced in a summary way. — Re-
becca Owings' case, 297.
A decree may grant relief upon terms, or
so as to dispose of the whole case. —
Colegate D. Owings' case, 403.
On a bill to account there may be a decree
* against the plaintiff or against the de-
fendant, according as the balance may
* be shewn, 404.
A decree may be so framed as to meet the

case disclosed; as a decree against an
agent in the second degree; a decree in
favour of a surety against his principal;
a decree between two or more defend-
ants; a cross decree to enforce specific
performance; a decree to redeem may
be made to operate as a decree to fore-
close; or a decree against both parties
in favour of the State, 404.
A decree must stand for what it purports
to be until revised or reversed. — Estep
v. Watkins, 489.
A decree against several will only be
opened in favour of him who asks it. —
Hodges v. Mullikin, 507.

DELIVERY OF POSSESSION.
On a sale under a decree the delivery of
possession to the purchaser by injunc-
tion well settled, and of right, where
the possessor does not claim to hold by
title paramount to the parties. — Dorsey
v. Campbell, 363; McKomb v, Kankey,
363.
But immediate possession will not be or-
dered when it would be attended with
a loss of the then growing crop. — Chap-
line v. Chapline, 364; Wright v. Wright,
365; Taylor v. Colegate, 365.
Where possession is ordered to be deliv-
ered to a purchaser under a fieri facias,
there can be no saving as to the then
growing crop. — Dorsey v. Campbell,
365.
The mode of ordering possession to be
delivered to a purchaser under a fieri
facias, 363.

DEPRECIATION.

The depreciation of property soon after
the year 1819, its causes and conse-
quences. — Hoye v. Penn, 41.
The depreciation of paper money during
the revolution. — The Chancellor's case,
633.

DEVISE.
A devise of land to W. 0. his heirs and
assigns upon condition, that he, or the
person to whom the estate may event-
ually pass, maintain or pay £60 a year
for the maintenance of Rebecca, is a
condition which runs with, and gives
her a particular interest in the land, not
as a rent or an annuity, but for the pay-
ment of which he who takes and enjoys
the land is personally liable. — Rebecca
Owings' case, 296.
A bequest of the debt carries with it the
mortgage and all other securities of the
debt— "Iglehart v, Armiger, 524.
A devise to a religious society, without
the leave of the legislature, is void. —
Murphy v. Dallam, 529.

DIRECTIONS.
Further directions are those orders given



 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 692   View pdf image (33K)
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